Securities and Exchange Commission v. Michael W. Berger, Manhattan Investment Fund Ltd. And Manhattan Capital Management, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge.
The Securities and Exchange Commission (“SEC”) filed this action against Michael W. Berger in the United States District Court for the Southern District of New York, alleging that Berger violated numerous anti-fraud provisions of the federal securities laws. The District Court (Denise Cote, Judge) granted summary judgment in favor of the SEC. On appeal, Berger challenges only the District Court’s ruling that it had subject matter jurisdiction over the claims against him. The SEC asserts that Berger, who has fled the United States and is now a fugitive from…
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