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S.E.C. v. BERGER

No. 00 CIV. 333(DLC).

244 F.Supp.2d 180 (2001)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Michael W. BERGER; Manhattan Investment Fund, Ltd.; and Manhattan Capital Management, Inc., Defendants.

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

November 13, 2001.

Attorney(s) appearing for the Case

Peter H. Bresnan, Securities and Exchange Commission, Washington, D.C., for Plaintiff.

Donald J. Cayea, Darren T. Kaplan, Brand, Cayea & Brand, LLC, for defendant Michael W. Berger.

Daniel E. Reynolds, Brian M. Fleischer, Lankier, Siffert & Wohl, LLP, New York, for defendants Manhattan Investment Fund, Ltd. and Manhattan Capital Management, Inc.

OPINION AND ORDER

COTE, District Judge.

Plaintiff Securities and Exchange Commission ("SEC") moves for summary judgment in this securities fraud action as to defendant Michael W. Berger ("Berger"). The SEC having shown through undisputed evidence that Berger caused materially false statements, about the performance of an offshore fund that he controlled from Manhattan, to be created and disseminated to the fund's investors, the motion is granted....

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