United States Ninth Circuit

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Sec. & Exch. Comm'n v. M&A W. Inc., 06-15165

In an SEC enforcement action arising from the activities of a company described as a "sham incubator for startup companies", summary judgment ruling against defendant is affirmed in part and reversed and remanded in part where: 1) the district court correctly found that defendant was an underwriter under section 2(11) of the Securities Act of 1933, and therefore not exempt from the the Act's registration requirements; 2) it did not err in ordering that defendant disgorge all profits, with interest, he obtained from certain transactions; but 3) genuine issues of material fact precluded summary judgment as to the imposition of certain civil sanctions.

Appellate Information

  • Argued 11/06/2007
  • Submitted 11/06/2007
  • Decided 08/12/2008
  • Published 08/12/2008


  • Before:  SIDNEY R. THOMAS, RICHARD C. TALLMAN, and SANDRA S. IKUTA, Circuit Judges.


  • United States Ninth Circuit


  • For Appellant:
  • Irving M. Einhorn and Patricia G. Bell, Law Offices of Irving M. Einhorn, for the appellant.

  • For Appellees:
  • Brian G. Cartwright, General Counsel, Jacob H. Stillman, Solicitor, Hope Hall Augustini, Senior Litigation Counsel, Tracey A. Hardin, Senior Counsel, Securities and Exchange Commission, for the appellee.

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