Skip to main content
· 9/20/1999

Securities Exchange Commission v. Monarch Funding Corporation, Leo M. Eisenberg, Steven R. Cloyes, and Richard M. Cannistraro, Richard O. Bertoli

Citations

  • 192 F.3d 295
  • 1999 U.S. App. LEXIS 22815

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting absence of chance to litigate certain questions ' during sentencing but declining to announce a per se rule barring estoppel effect of sentencing findings
  • refusing to give collateral estoppel effect to criminal sentencing findings in subsequent SEC civil action
  • considering incentive to litigate with respect to collateral estoppel in sentencing hearings
  • collateral estoppel \should be applied only in those circumstances where it is clearly fair and efficient to do so\
  • cited by Lab. Corp. of Am. Holdings v. Metabolite Labs., Inc., 410 Fed.Appx. 151, 159 (10th Cir. 2011) (unpublished)
  • “Essentially the same elements are required under Section 17(a)(1)—(3) in connection with the offer or sale of a security.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, McLaughlin, Calabresi

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.