S.E.C. v. TOWERS FINANCIAL CORP.

No. 93 Civ. 0744 (WK)(AJP).

966 F.Supp. 203 (1997)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. TOWERS FINANCIAL CORPORATION, et al., Defendants.

United States District Court, S.D. New York.

May 8, 1997.


Attorney(s) appearing for the Case

Dorothy Heyl, Securities and Exchange Commission, New York City, for Plaintiff.

Steven Hoffenberg, Fairton, NJ, William B. Fleming, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, LLP, New York City, for Mitchell Brater.

Richard Mancino, Willkie Farr & Gallagher, New York City, for Towers' Administrative Trustee.


PECK, United States Magistrate Judge.

The issue before the Court is whether to allow defendant Brater to call character witnesses at trial in this civil action. For the reasons set forth below, the Court finds that Rule 404(a)(1) of the Federal Rules of Evidence precludes defendant Brater from calling character witnesses in a civil trial.

FACTS

The facts of the underlying action, which are not relevant to the instant motion, are familiar to...

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