Securities Law Updates

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Matrixx Initiatives, Inc., et al. v. Siracusano: Securities Plaintiffs Can Use Inferences to Show Materiality and Scienter at the Pleading Stages

By Josh Lawler of Zuber & Taillieu and Joel B. Ginsberg

The United States Supreme Court has ruled that in securities cases under §10(b) and Rule 10b–5 the requirement of the materiality of a defendant’s misrepresentations cannot be reduced to a bright-line rule. Facts giving rise to a strong inference that a defendant acted with the required state of mind are… More...

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Fl Court Enters $3.15M Judgment Against James in Ponzi Scheme Suit

Securities and Exchange Commission v. Anthony A. James and James Asset Advisory, L.L.C.  |  No. 08-61516-CIV-ALTONAGA/BROWN  |  U.S. District Court for the Southern District of Florida  |  3/23/2009

Holding: The Securities and Exchange Commission (“SEC”) announced that on March 23, 2009, the United States District Court for the Southern District of Florida, entered a final judgment ordering Anthony A. James to pay $2,390,487.45 in disgorgement, plus prejudgment interest of $84,620.10 and a $130,000 civil penalty in connection with his… More...

Ponzi Scheme in Commodity Futures Trading Nets $86M for CFTC from Texas Businessman

Commodity Futures Trading Commission v. George D. Hudgins  |  No. 6:08cv187  |  U.S. District Court for the Eastern District of Texas  |  4/2/2009

Holding: In a fraud suit relating to commodity futures and options contracts, the U.S. District Court for Eastern District of Texas has ordered Texas resident George D. Hudgins (d/b/a George D. Hudgins, L.L.C.) to pay $71 million to victims of his Ponzi scheme and a civil penalty of $15 million. The… More...

Judah and Excel Lease Fund Settle $40M Debenture Offering Suit in TX District Court

Securities and Exchange Commission v. Benny L. Judah, et al.  |  No. 5:09-CV- 0087-C  |  United States District Court for the Northern District of Texas  |  4/23/2009

Holding: Without admitting or denying the Securities and Exchange Commission’s (“SEC”) allegations, Texas businessman Benny L. Judah and his company, Excel Lease Fund, Inc. have consented to the asset-freeze and receivership orders, as well as permanent injunctions against future violations of anti-fraud provisions of federal securities laws, particularly the Securities Act… More...

Unlawful Proprietary Trading Charges Net $42M for the SEC

SEC v. Automated Trading Desk Specialists, LLC, et al.  |  Nos. 09-1977/09-1976 /09-1978/09-1975 /09-1973  |  U.S. District Court for the Southern District of New York  |  3/24/2009

Holding: Defendants Automated Trading Desk Specialists, LLC (“ATD”); E*Trade Capital Markets LLC (“E*Trade”); Melvin Securities, L.L.C. (“Melvin”); Melvin & Company LLC (“Melvin Co”); Sydan, LP (“Sydan”); and TradeLink, LLC (“TradeLink”) have settled unlawful proprietary trading charges filed by the Securities and Exchange Commission (“SEC”) in the U.S. District Court for the… More...

SEC Settles Insider Trading Charges Involving Dick’s Sporting Goods Acquisition of Galyan’s Trading Company

Securities and Exchange Commission v. Joseph J. Queri Jr., et al.  |  No. 2:08-CV-01361-AJS and No. 2:08-CV-01367-AJS  |  U.S. District Court for the Western District of Pennsylvania  |  4/17/2009

Holding: The U.S. District Court for the Western District of Pennsylvania has entered final judgments against Joseph J. Queri, Jr., a resident of Pittsburgh, Pennsylvania, and Kyle D. Kaczowski, a resident of Las Vegas, Nevada, in two separate district court cases. The SEC charged them, and fourteen other defendants, with insider… More...

SEC Secures $51M Final Judgment Against Tri Energy and Co-Defendants for Their Gold-Related Ponzi Scheme

Securities and Exchange Commission v. Tri Energy, Inc., et al.  |  No. ED CV 05-00351 AG(MANx)  |  U.S. District Court for the Central District of California  |  4/13/2009

Holding: The Securities and Exchange Commission (“SEC”) has announced that the U.S. District Court for the Central District of California entered a final judgment on April 13, 2009, against defendants Tri Energy, Inc., H & J Energy Company, Inc., Robert Jennings, Arthur Simburg, and La Vie D'Argent (collectively the "Tri Energy… More...

MA District Court Enters $2.91M Final Judgment Against UK Fund Manager for $ 34M Securities Fraud

SEC v. Lydia Capital, LLC et al.  |  No. 07-CV-10712-RGS  |  U.S. District Court for the District of Massachusetts  |  4/8/2009

Holding: The U.S. District Court for District of Massachusetts has entered a final judgment on April 8, 2009 against defendant Glenn Manterfield, a citizen of the United Kingdom, in connection with a civil injunctive action filed in April 2007 by the Securities and Exchange Commission (“SEC”) against Manterfield, his business partner… More...

Former CFO of HP Company Settles Stock Option Backdating Charges with $2.29M Payment

SEC v. Mercury Interactive, LLC, et al.  |  No. 07-2822 (RS)  |  U.S. District Court for the Northern District of California  |  3/23/2009

Holding: Sharlene Abrams, a former chief financial officer of Mercury Interactive, LLC, (“Mercury”) has settled civil fraud charges arising from an alleged scheme to backdate stock option grants and from other alleged misconduct. Without admitting or denying the allegations in the Securities and Exchange Commission's (“SEC”) complaint, Abrams consented to the… More...

“Grand Theft Auto” Game Maker to Pay $3M to Settle Illegal Stock Option Backdating Charges

SEC v. Take-Two Interactive Software Inc.  |  No. 09- cv-3313  |  U.S. District Court for the Southern District of New York  |  4/6/2009

Holding: Take-Two Interactive Software, Inc. (“Take-Two”), the publisher and distributor of the “Grand Theft Auto” computer video game, has agreed to pay $3 million to settle accusations filed by the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”) that it had engaged in illegal stock options backdating over… More...

NASDAQ Market-Issuer Escala Consents to Final Judgment in Accounting and Disclosure Fraud Case

Securities and Exchange Commission v. Escala Group, Inc., et al.  |  No. 09 CV 2646 (DLC)  |  U.S. District Court for the Southern District of New York  |  3/23/2009

Holding: Without admitting or denying the allegations in the complaint filed by the Securities and Exchange Commission (“SEC”), Escala Group, Inc. (“Escala”) consented to a permanent injunction against future violations of anti-fraud and reporting provisions of federal securities laws, specifically the Securities Exchange Act of 1934 (“Exchange Act”) and its implementing… More...

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Companies Mentioned

Securities Law

The following companies are mentioned in Securities Law Updates:

Securities and Exchange Commission

Harris Associates, L.P.

Banc of America Securities LLC

Citicorp USA, Inc.

The Public Employees’ Retirement System of Mississippi

Morgan Stanley & Co., Inc.

Jan Charles Finance S.A.

Park East, Inc.

CIBC World Markets Corp.

Citigroup Inc.

Barclays Capital Inc.

Citigroup Global Markets, Inc.

California Department of Corporations

The Royal Bank of Scotland plc

RiverSource Investments, LLC

Harris Nesbitt Corp.

Consolidated Management Group, LLC

The Bank of Nova Scotia

Asset Management Holding AG

Deutsche Bank

Toronto Dominion Texas, LLC f.k.a. Toronto Dominion Texas, Inc.

Alex Brown, Inc.

Tellabs, Inc.

Deutsche Bank Securities, Inc.

Mizuho International PLC

SG Cowen Securities Corp.

Makor Issues & Rights, Ltd.

ABN AMRO Inc.

Lydia Capital, LLC

Suntrust Capital Markets, Inc.

Tribune Company

Fleet Securities, Inc. n.k.a. Bank of America, N.A.

City of Philadelphia Board of Pensions and Retirement

The Bank of New York Company, Inc.

Staples, Inc.

CIBC, Inc.

Citibank, N.A.

Metal Management, Inc.

European Metal Recycling, Ltd.

Salomon Smith Barney Inc. n.k.a. Citigroup Global Markets, Inc.

Calyon Securities (USA), Inc. f.k.a. Credit Lyonnais Securities (USA) Inc.

Calyon New York Branch (successor by operation of law to Credit Lyonnais New York Branch)

Salomon Smith Barney, Inc.

JPMorgan Chase & Co.

Dynex Capital Inc.

Citigroup, Inc.

JPMorgan Securities Inc.

Merit Securities Corp.

Scotia Capital (USA), Inc.,

Teamsters Local 445 Freight Division Pension Fund

Additional Resources

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