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U.S. S.E.C. v. MONARCH FUNDING CORP.

No. 85 Civ. 7072(LBS).

983 F.Supp. 442 (1997)

UNITED STATES SECURITIES & EXCHANGE COMMISSION, Plaintiff, v. MONARCH FUNDING CORPORATION, Leo M. Eisenberg, Steven R. Cloyes, Richard O. Bertoli, and Richard M. Cannistraro, Defendants.

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

October 28, 1997.

Attorney(s) appearing for the Case

Carl A. Tibbetts, Howard T. Carolan, Jr., Of Counsel, Law Offices Of Richard Ware Levitt, Washington DC, for United States Securities & Exchange Commission.

Richard Ware Levitt, Of Counsel, Law Offices of Richard Ware Levitt, New York, NY, for defendant Richard O. Bertoli.

John H. Doyle, III, Of Counsel, Anderson Kill & Olick, P.C., New York, NY, for Amicus Curiae, New York Council of Defense Lawyers.

Jack Arseneault, Davis W. Fassett, Arseneault & Krovatin, Of Counsel, Chatham, NJ, for Amicus Curiae, Association of Criminal Defense Lawyers of New Jersey.

OPINION

SAND, District Judge.

Following a remand from the United States Court of Appeals for the Second Circuit, the Plaintiff United States Securities and Exchange Commission ("SEC") renews its motion for summary judgment against the Defendant Richard O. Bertoli ("Bertoli"). Specifically, the SEC seeks reaffirmation of this Court's Final Judgment of Permanent Injunction and Disgorgement against Bertoli. (See SEC Ex. D.) For the reasons stated below...

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