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United States Second Circuit


SEC v. Pentagon Capital Management, 12-1680

Judgment that defendants were liable for securities fraud, order of disgorgement, and a civil penalty imposed jointly and severally on defendants are: 1) affirmed in part, as to the district court's determination of liability, its disgorgement award, and the decision to impose joint and several liability for the disgorgement amount; but 2) reversed as to the imposition of joint and several liability for the civil penalty; and 3) vacated in part and remanded as to the civil penalty, in light of Gabelli v. SEC, 133 S. Ct. 1216 (2013).

Appellate Information

  • Decided 08/08/2013
  • Published 08/08/2013

Judges

  • WALKER

Court

  • United States Second Circuit

Counsel

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