United States Second Circuit

In an SEC civil enforcement action, judgment entering default against defendant for noncompliance with an order to appear for his deposition in the United States, and ordering him to disgorge $41,753,623.04, plus interest and to pay a civil penalty of $22,876,811.52 is: 1) affirmed in part, where there was no error or abuse of discretion in the entry of the default, the denial of defendant's recusal motion, or the disgorgement award; but 2) vacated and remanded in part, for recalculation of prejudgment interest and for the clerical correction of a discrepancy between the amount of the civil penalty ordered in the district court's ruling and the amount of the penalty awarded in the judgment. (Amended Opinion)

Appellate Information

• Decided 11/26/2013
• Published 11/26/2013

Judges

• Kearse

Court

• United States Second Circuit

Counsel