United States DC Circuit

Petitioner's petition for review of the SEC's order sustaining sanctions imposed by the NASD is denied, where the SEC did not abuse its discretion in determining that the lack of direct harm or benefit due to Petitioner's conduct does not mitigate a complete failure to respond to a request for information in violation of NASD rules.

Appellate Information

• Argued 12/12/2008
• Decided 05/29/2009
• Published 05/29/2009

Judges

• Before:  GINSBURG and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David Clarke Jr. argued the cause and filed the briefs for petitioners.


• For Appellees:
  
• Rada Lynn Potts, Senior Litigation Counsel, Securities & Exchange Commission, argued the cause for respondent.   With her on the brief were Brian G. Cartwright, General Counsel, Andrew N. Vollmer, Deputy General Counsel, Jacob H. Stillman, Solicitor, and Michael A. Conley, Senior Special Counsel.