McConville v. United States Securities & Exchange Commission

WILLIAMS, Circuit Judge.

“ ‘There cannot be honest markets without honest publicity. Manipulation and dishonest practices of the market place thrive upon mystery and secrecy.’ ” Basic Inc. v. Levinson, 485 U.S. 224, 230, 108 S.Ct. 978, 99 L.Ed.2d 194 (1988) (quoting H.R.Rep. No. 1383, 73d Cong., 2d Sess., 11 (1934)). This case involves mismanagement of a corporation’s financial department that eventually caused it to report its financial health inaccurately. The United States Securities and Exchange Commission (“SEC” or “Commission”) determined that, during her tenure as chief financial…