Legal Opinion
Securities & Exchange Commission v. Hickey
Court of Appeals for the Ninth Circuit
Decided March 7, 2003No. Nos. 01-17027, 01-17214PublishedCited by 53 opinions
1Opinion of the Court
OPINION
TALLMAN, Circuit Judge.
This case presents us with the important and intriguing question of when a court may freeze assets of a nonparty to effectuate relief granted in a securities fraud enforcement action. We conclude that the inherent equitable power of a district court allows it to freeze the assets of a nonparty when that nonparty is dominated and controlled by a defendant against whom relief has been obtained in a securities fraud enforcement action.
I
These consolidated appeals arise from a scheme that defrauded investors in a limited partnership of $15 million. Legal proceedings…
2Cases cited16 opinions
- McComb v. Jacksonville Paper Co.Supreme Court of the United States · 1949
- Sonora Diamond Corp. v. Superior CourtCalifornia Court of Appeal · 2000
- Mesler v. Bragg Management Co.California Supreme Court · 1985
- Peterson v. Highland Music, Inc.Court of Appeals for the Ninth Circuit · 1998
- Securities and Exchange Commission v. Danny O. Cherif, and Khaled Sanchou, NominalCourt of Appeals for the Seventh Circuit · 1991
11 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Perfect 10, Inc. v. Giganews, Inc.Court of Appeals for the Ninth Circuit · 2017
- Tatung Co. v. Shu Tze HsuDistrict Court, C.D. California · 2016
- In re Packaged Seafood Prods. Antitrust Litig.District Court, S.D. California · 2018
- Securities and Exchange Commission v. John A. Hickey, and Mamie Tang, Continental Capital Financial Group, Inc. Continental Capital Income Fund II Jm Regional, Inc. Continental Capital Properties I, Inc. Continental Capital Securities Group, Inc. Continental Capital Investments, Inc. Continental Capital Employees, Inc. Continental Capital Secured Principal With Income Fund I Continental Capital Private Equity Fund I D.E. Frey & Company, Inc., Securities and Exchange Commission v. John A. Hickey, and John Hickey Brokerage, Third-PartyCourt of Appeals for the Third Circuit · 2003
- U.S. Commodity Futures Trading Commissioner v. Robert EscobioCourt of Appeals for the Eleventh Circuit · 2020
48 more not listed; retrieve them via the Exa API.