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U.S. S.E.C. v. POWER

No. 06 Civ. 15343.

525 F.Supp.2d 415 (2007)

UNITED STATES SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Richard D. POWER, Defendant.

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

November 29, 2007.

Attorney(s) appearing for the Case

U.S. Securities and Exchange Commission, by: Arthur S. Lowry, Esq., Grayson D. Stratton, Esq., Washington, D.C., for Plaintiff.

Dickstein Shapiro LLP, by: Daniel J. Horwitz, Esq., Christopher T. Leonardo, Esq., New York, NY, for Defendant.

OPINION

ROBERT W. SWEET, District Judge.

Defendant Richard D. Power ("Power" or the "Defendant") has moved under Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint filed against him by the Securities and Exchange Commission ("SEC"). For the reasons set forth below, the motion is denied.

Facts

The SEC filed its complaint on December 21, 2006, alleging five causes of action against Power, a former officer of Tyco...

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