United States DC Circuit

In a petition for review of an SEC order barring petitioner from associating with a broker-dealer, the petition is denied where: 1) Rule 250 of the Commission's Rules of Practice did not require an evidentiary hearing in all cases; and 2) the Commission properly interpreted the phrase "at the time of the alleged misconduct" in section 203(f) of the Advisers' Act, 15 U.S.C. section 80b-3(f), to refer not to petitioner's prior conviction, but to his false statement to Commission investigators during a telephone call on which the conviction was based.

Appellate Information

• Argued 10/22/2009
• Decided 01/15/2010
• Published 01/15/2010

Judges

• Before: ROGERS, GARLAND and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Barry S. Pollack argued the cause and filed the briefs for petitioner. Jeffrey M. Karp entered an appearance.


• For Appellees:
  
• Dominick V. Freda, Senior Counsel, Securities and Exchange Commission, argued the cause for respondent. With him on the brief was David M. Becker, General Counsel, Jacob H. Stillman, Solicitor, and Randall W. Quinn, Assistant General Counsel. William K. Shirey II, Counsel, entered an appearance.