Legal Opinion

Securities & Exchange Commission v. National Student Marketing Corp.

District Court, District of Columbia

Decided March 18, 1975No. Civ. A. No. 225-72; M.D.L. Docket No. 105PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

PARKER, District Judge.

At the present stage of this securities fraud litigation, one of the most controversial procedural issues which the Court is again called upon to review involves the “Fifteenth Defense”. The substance of this defense is that the Securities and Exchange Commission (SEC or Commission) violated its rules and procedures by failing to advise the defendants of their potential liability and their right to present their views to the Commission. There is no dispute that the defendants were not given such advice. Invoked initially by the defendants White & Case…

2Cases cited17 opinions

  1. Alderman v. United StatesSupreme Court of the United States · 1969
  2. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  3. United States v. Clark Eugene HeffnerCourt of Appeals for the Fourth Circuit · 1970
  4. Taglianetti v. United StatesSupreme Court of the United States · 1969
  5. Sterling Drug Inc. v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1971

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3Cited by7 opinions

  1. United States v. Leggett & Platt, Inc.Court of Appeals for the Sixth Circuit · 1976
  2. Securities & Exchange Commission v. Gulf & Western Industries, Inc.District Court, District of Columbia · 1980
  3. Securities & Exchange Commission v. National Student Marketing Corp.District Court, District of Columbia · 1978
  4. Wellman v. DickinsonDistrict Court, S.D. New York · 1978
  5. United States v. American Telephone & Telegraph Co.District Court, District of Columbia · 1981

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