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S.E.C. v. CAPITAL CONSULTANTS, LLC

Nos. 03-35406, 03-35407, 03-35409, 03-35412.

397 F.3d 733 (2005)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, and Eighth District Electrical Pension Fund; Eighth District Electrical Benefit Fund, Claimants-Appellants, v. CAPITAL CONSULTANTS, LLC; Jeffrey L. Grayson; Barclay L. Grayson, Defendants. Thomas F. Lennon, Receiver-Appellee. Securities and Exchange Commission, Plaintiff, and United Association Union Local 290 Plumber, Steamfitter & Shipfitter Industry Pension Trust, Claimant-Appellant, v. Capital Consultants, LLC; Jeffrey L. Grayson; Barclay L. Grayson, Defendants. Thomas F. Lennon, Receiver-Appellee. Elaine L. Chao, Secretary of the United States Department of Labor, Plaintiff-Appellant, v. Capital Consultants, LLC; Jeffrey L. Grayson; Barclay L. Grayson, Defendants, and Thomas F. Lennon, Appellee. Securities and Exchange Commission, Plaintiff, and Oregon Laborers-Employers Pension Trust Fund; Oregon Laborers-Employers Health and Welfare Trust Fund; Oregon Laborers-Employers Defined Contribution Trust Fund and Plan, Claimants-Appellants, v. Capital Consultants, LLC, Defendant-Appellee, and Jeffrey L. Grayson; Barclay L. Grayson, Defendants. Thomas F. Lennon, Receiver-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2005.

Attorney(s) appearing for the Case

Christopher T. Carson, Portland, OR, for claimants-appellants, Eighth District Electrical Pension Fund, et al.

Barbee B. Lyon, Portland, OR, for claimant-appellant, United Association Union Local 290 Plumber, Steamfitter & Shipfitter Industry Pension Trust.

Stacey E. Elias, U.S. Dept. of Labor, Washington, DC, for appellant, Elaine L. Chao, Secretary of Labor.

Harvey L. Rochman, Los Angeles, CA, for appellants, Oregon Laborers-Employers Pension Trust Fund, et al.

David L. Osias, Jeffrey R. Patterson, Loraine L. Pedowitz, Allen Matkins Leck Gamble & Mallory LLP, San Diego, CA, for appellee, Thomas F. Lennon, receiver for Capital Consultants, LLC.

Before: REAVLEY, W. FLETCHER, and TALLMAN, Circuit Judges.

REAVLEY, Circuit Judge.

In these consolidated appeals, beneficiaries to a receivership complain about various aspects of the receiver's plan of distribution. The district court approved the plan of distribution, and we affirm.

BACKGROUND

Capital Consultants, LLC (CCL),1 was an Oregon investment management company that made investments for several hundred individuals, corporations...

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