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S.E.C. v. PHAN

No. 05-55269.

500 F.3d 895 (2007)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Alan V. PHAN, Defendant-Appellant, and The Hartcourt Companies Inc.; Yongzhi Yang, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2007.

Attorney(s) appearing for the Case

John A. Furutani and Mark C. Peters, Furutani & Peters, LLP, Pasadena, CA, for the defendant-appellant.

Jeffrey T. Tao, Senior Counsel, Securities and Exchange Commission, Washington, D.C., for the plaintiff-appellee.

Before: HARRY PREGERSON, W. FLETCHER, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge:

The SEC alleged that Alan Phan used stock registered only for employee compensation purposes to raise capital from the public for the cash-strapped publicly traded company he led in 1999, thereby violating federal securities law. The district court granted summary judgment in favor of the SEC, holding that Phan both engaged in an unregistered securities sale and committed securities fraud. In this appeal, Phan contends that the admissible evidence...

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