S.E.C. v. GRAHAM

No. 14-13562.

823 F.3d 1357 (2016)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. Barry J. GRAHAM, Fred Davis Clark, Jr., a.k.a. Dave Clark, Cristal R. Coleman, a.k.a. Cristal Clark, David W. Schwarz, Ricky Lynn Stokes, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 26, 2016.


Attorney(s) appearing for the Case

Theodore Weiman , David Lisitza , U.S. Securities & Exchange Commission, Office of the General Counsel, Washington, DC, Amie Berlin , Andrew O. Schiff , U.S. Securities & Exchange Commission, Wifredo A. Ferrer , Kathleen Mary Salyer , U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellant.

Barry J. Graham, Myers, FL, Pro Se.

Kenneth Paul Hazouri , deBeaubien Knight Simmons Mantzaris & Neal, LLP, Orlando, FL, for Defendants-Appellees Fred Davis Clark, Jr., a.k.a. Dave Clark, Cristal R. Coleman, a.k.a. Cristal Clark, David W. Schwarz.

Neil Rose , Bernstein Chackman Liss & Rose, Hollywood, FL, Russell Cornelius Weigel, III , Russell C. Weigel, III, PA, Miami, FL, for Defendant-Appellee Ricky Lynn Stokes.

Mark Andrew Perry , Gibson Dunn & Crutcher, LLP, Washington, DC, for Amicus Curiae Securities Industry and Financial Markets Association.

Before MARCUS, JILL PRYOR and FAY, Circuit Judges.


With few exceptions, 28 U.S.C. § 2462 bars the government from bringing suit to enforce "any civil fine, penalty, or forfeiture" after five years from when the claim first accrued. The Securities and Exchange Commission (the "SEC" or "Commission") waited more than five years...

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