United States First Circuit

Dismissal with prejudice of a civil complaint brought by the SEC against three individuals charging them with violations of the securities laws is affirmed where the circuit court rejected a claim that defendants aided and abetted fund/plan administrator's uncharged primary violations of section 10(b), as implemented by Rule 10b-5, by signing certain audit letters while knowing that allegedly wrongful as-of transactions and accounting adjustments had occurred and not been disclosed.

Appellate Information

• Decided 02/06/2009
• Published 02/06/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, STAHL and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tracey A. Hardin, Senior Counsel, Securities and Exchange Commission, with whom Brian G. Cartwright, General Counsel, Andrew N. Vollmer, Deputy General Counsel, Jacob H. Stillman, Solicitor, and Katharine B. Gresham, Assistant General Counsel, were on brief, for appellant.


• For Appellees:
  
• Anthony Mirenda, with whom Robert E. Toone, Jennifer A. Cardello, Jennifer S. Behr and Foley Hoag LLP were on brief, for appellee Kevin F. Crane., Anthony Mirenda, for appellees Virginia A. Papa and Sandra G. Childs., Kelley A. Jordan-Price, Michael J. Connolly, Laura B. Angelini and Hinckley, Allen & Snyder LLP on brief, for appellee Virginia A. Papa., John A. Sten, Jason C. Moreau and Greenberg Traurig, LLP on brief, for appellee Sandra G. Childs.