SECURITIES EXCHANGE COMMISSION v. MORANO (2020)

MEMORANDUM **

Robert M. Morano (“Morano”) appeals pro se the imposition of a civil penalty for his admitted insider trading in violation of Sections 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78j(b), and Exchange Act Rule 10b-5(b), 17 C.F.R. § 240.10b-5(b). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Morano's consent judgment resolved all issues of liability, leaving only a determination whether a civil penalty should be imposed and, if so, in what amount. The Securities & Exchange Commission (“SEC”) argued for a penalty of three times the amount of insider trading gain. The district court imposed a penalty of $75,000, or twice the gain.

Reviewing for abuse of discretion, SEC v. Platforms Wireless Int'l Corp., 617 F.3d 1072, 1098 (9th Cir. 2010), the determination to impose a civil penalty and calculation of its amount were reasonable given Morano's admitted misuse of insider information and his admission that he had engaged in similar conduct in the past.

AFFIRMED.