Legal Opinion

Securities & Exchange Commission v. Feminella

District Court, S.D. New York

Decided November 21, 1996No. 96 Civ. 336 (AGS)PublishedCited by 16 opinions

1Opinion of the Court

OPINION and ORDER

SCHWARTZ, District Judge:

This Securities and Exchange Commission enforcement action is before the Court upon defendant Stanley J. Feminella’s motion to dismiss, pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b). Oral argument was held on this motion on September 27, 1996. For the reasons that follow, defendant’s motion is denied.

BACKGROUND

In its Complaint, the Securities and Exchange Commission (the “SEC” or “Commission”) alleges that for a period of at least five years, Feminella, a stockbroker, engaged in a corrupt scheme though which he paid kickbacks to the…

2Cases cited25 opinions

  1. Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
  2. San Leandro Emergency Medical Group Profit Sharing Plan v. Philip Morris Companies, Inc.Court of Appeals for the Second Circuit · 1996
  3. Ross v. A. H. Robins Co.Court of Appeals for the Second Circuit · 1979
  4. Cosmas v. HassettCourt of Appeals for the Second Circuit · 1989
  5. Spradlin v. United StatesSupreme Court of the United States · 1980

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3Cited by16 opinions

  1. Grandon v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 1998
  2. Fed. Sec. L. Rep. P 90,228 Dr. Stanley C. Grandon, All Others Similarly Situated and Michael Cafferty, as Trustee for the Grandon Family Irrevocable Trust, on Behalf of Themselves and All Others Similarly Situated v. Merrill Lynch & Co., Inc. And Merrill, Lynch, Pierce Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 1998
  3. Press v. Chemical Investment Services Corp.Court of Appeals for the Second Circuit · 1999
  4. Buchwald Capital Advisors LLC ex rel. MFS GUC Trust v. JP Morgan Chase Bank, N.A. (In re M. Fabrikant & Sons, Inc.)District Court, S.D. New York · 2012
  5. U.S. Securities & Exchange Commission v. LevineDistrict Court, District of Columbia · 2009

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