United States Fifth Circuit

In a civil enforcement action based on market-timing trades, judgment for Plaintiff-SEC is affirmed, where 1) the District Court did not clearly err by holding that Defendant made material misrepresentations to fund companies; and 2) Defendant's use of misleading registration numbers was sufficient to show his fraudulent intent.

Appellate Information

• Decided 04/17/2009
• Published 04/17/2009

Judges

• WIENER, Circuit Judge:, Before JONES, Chief Judge, and WIENER and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Dominick V. Freda (argued), John W. Avery, U.S. SEC, Washington, DC, for SEC., Jason Lance Wren (argued), Gregory Richardson Ave, Walters, Balido & Crain, Dallas, TX, for Gann.