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S.E.C. v. FIFE

No. 02-1640.

311 F.3d 1 (2002)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Appellee, v. Martin D. FIFE and Farouk Khan, Defendants, Appellants. Dennis S. Herula, Mary Lee Capalbo (aka Mary Lee Capalbo Herula), Seaview Development & Holdings, Ltd., Michael Clarke, Robert Wachtel, Johan Hertzog, and Charles Sullivan, Defendants, and David Ullom, Relief-Defendant.

United States Court of Appeals, First Circuit.

Decided November 6, 2002.

Attorney(s) appearing for the Case

Donald S. Zakarin, Pryor Cashman Sherman & Flynn LLP, with whom Matthew F. Medeiros, Little, Bulman, Medeiros, & Whitney, P.C. were on brief, for appellant.

Mark Pennington, with whom Giovanni P. Prezioso, Meyer Eisenberg, and Eric Summergrad were on brief, for appellees.

Before TORRUELLA, Circuit Judge, BETTY B. FLETCHER, Senior Circuit Judge, and STAHL, Senior Circuit Judge.

BETTY B. FLETCHER, Senior Circuit Judge.

Defendants-Appellants Martin D. Fife ("Fife") and Farouk Khan ("Khan") appeal the district court's order granting a preliminary injunction prohibiting further violations of securities law and a freeze against defendants-appellants' assets and other assets in defendants-appellants' possession. They contend that the district court erred and abused its discretion in finding that the Securities and Exchange Commission ("SEC") established...

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