Legal Opinion
Securities & Exchange Commission v. Gann
Court of Appeals for the Fifth Circuit
Decided April 17, 2009No. 08-10404PublishedCited by 34 opinions
1Opinion of the Court
WIENER, Circuit Judge:
This civil enforcement action against Defendanh-Appellant Scott B. Gann (“Gann”), a stockbroker, arose out of Gann’s market-timing trades placed on behalf of a client. The Securities and Exchange Commission (the “SEC”) alleged that Gann violated Section 10(b) (“Section 10(b)”) of the Securities Exchange Act of 1934 and Rule 10b-5 (“Rule 10b-5”) promulgated thereunder by conducting short-term trades in a number of mutual-funds. Gann claimed that his trades complied -with the rules of the various funds and that, in any event, market timing is legal and his practices were…
2Cases cited25 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- Aaron v. Securities & Exchange CommissionSupreme Court of the United States · 1980
- Plotkin v. IP Axess Inc.Court of Appeals for the Fifth Circuit · 2005
20 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- World Wide Street Preachers Fellowship v. Town of ColumbiaCourt of Appeals for the Fifth Circuit · 2009
- Securities & Exchange Commission v. Life Partners Holdings, Inc.Court of Appeals for the Fifth Circuit · 2017
- Employees Retirement System of Texas v. Putnam, LLC, Texas Court of Appeals, 3rd District (Austin)2009
- Bear Ranch, L.L.C. v. Heartbrand Beef, Inc.Court of Appeals for the Fifth Circuit · 2018
- Securities & Exchange Commission v. GinderCourt of Appeals for the Second Circuit · 2014
29 more not listed; retrieve them via the Exa API.