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S.E.C. v. SMYTH

No. 04-11985.

420 F.3d 1225 (2005)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Richard P. SMYTH, Michael J. Becker et al., Defendants, Arnold E. Johns, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 10, 2005.

Attorney(s) appearing for the Case

Michael K. Wolensky, Ethan H. Cohen, Schiff Hardin, LLP, Atlanta, GA, for Johns.

Leslie E. Smith, SEC, Washington, DC, for SEC.

Before EDMONDSON, Chief Judge, and TJOFLAT and KRAVITCH, Circuit Judges.

TJOFLAT, Circuit Judge:

In this case, the Securities and Exchange Commission obtained a judgment against Arnold E. Johns, Jr., for $743,127.02, which represented the profits he reaped from insider trading in the shares of Vista 2000, Inc. Johns appeals the judgment, contending that the procedure the district court employed in determining the profits he should disgorge denied him due process. We agree and therefore vacate the judgment and remand the case for further...

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