United States Securities & Exchange Commission v. Stoker

OPINION

JED S. RAKOFF, District Judge.

The Complaint in this securities fraud action alleges that defendant Brian Stoker Negligently violated Section 17(a)(2) & (3) of theN Securities Act of 1933, 15 U.S.C. v- 77q(a)(2) & (3), in connection with his role in structuring and marketing a largely synthetic collateralized debt obligation (“CDO”) called Class V Funding III (“Class V III”).1 On December 16, 2011, Stoker moved to dismiss all counts of the Complaint on three grounds: first, that the claim under Section 17(a)(2) fails to allege that Stoker personally obtained money or property by means…