S.E.C. v. BILZERIAN
729 F.Supp.2d 9 (2010)
SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
Paul A. BILZERIAN, et al., Defendants.
Civil Action No. 89-1854 (RCL).
United States District Court, District of Columbia.
November 1, 2010.
MEMORANDUM OPINION ON CONTEMPT
ROYCE C. LAMBERTH, Chief Judge.
This matter now comes before the Court on David Eric Hammer's ("Hammer") Verified Consent Motion  to Vacate Contempt Memorandum Order and Opinion [1091, 1092] with Respect to David E. Hammer, Esquire ("First Motion to Vacate") and his Verified Consent Motion  to Vacate Contempt Memorandum Order and Opinion [986, 987] with Respect to David E. Hammer, Esquire ("Second Motion to Vacate"). Having considered Hammer's Motions to Vacate, Paul A. Bilzerian's ("Bilzerian") Response , Hammer's Reply , the relevant law, and the record in this case, the Court will deny the motions as set forth below.
A detailed background of this case, which is now more than twenty years old, can be found in the Court's May 11, 2009, Memorandum Opinion . SEC v. Bilzerian, 613 F.Supp.2d 66, 68-69 (D.D.C. 2009). The facts relevant to the issue now before the Court are as follows. Bilzerian was convicted of securities fraud and conspiracy to defraud the United States in 1989. United States v. Bilzerian, 926 F.2d 1285 (2d Cir.1991) (affirming conviction). The SEC then filed a civil suit against him in the summer of 1989 and obtained a judgment for approximately $62 million. SEC v. Bilzerian, 29 F.3d 689 (D.C.Cir.1994) (affirming judgment). In 1993, Judge Harris of this Court ordered Bilzerian to disgorge $62 million in ill-gotten gains. SEC v. Bilzerian, 814 F.Supp. 116 (D.D.C.1993) (ordering disgorgement of $33 million in profits), aff'd 29 F.3d 689 (D.C.Cir.1994); SEC v. Bilzerian, 1993 WL 542584 (D.D.C.1993) (ordering disgorgement of $29 million in prejudgment interest).