S.E.C. v. WOLFSON

No. 06-4035.

539 F.3d 1249 (2008)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, Richard D. Clayton, Receiver, v. David M. WOLFSON; Nuway Holding, Inc., a Nevada corporation; Momentous Group, LLC, a Utah limited liability company; Leeward Consulting Group, LLC, a Utah limited liability company; Sukumo Limited, also known as Sukumo Group, also known as Fujiwara Group, also known as First Chartered Capital Corporation, also known as First Colonial Trust, also known as First China Capital, also known as International Investment Holding, a company incorporated in the British Virgin Islands; Michael Sydney Newman, also known as Marcus Wiseman; Stem Genetics, Inc., a Utah corporation; Howard H. Robertson; Gino Carlucci; G & G Capital, LLC; F10 Oil and Gas Properties, Inc.; Jon H. Marple; Mary E. Blake; Diversified Financial Resources Corporation, a Delaware corporation; John Chapman; Valesc Holdings, Inc., a New Jersey corporation; Jeremy D. Kraus; Samuel Cohen; NCI Holdings, Inc., a Nevada corporation, Defendants, and Jon R. Marple; Grateful Internet Associates, LLC, a Colorado limited liability company, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 2, 2008.


Attorney(s) appearing for the Case

Richard O. Weed, Weed & Co. LLP, Newport Beach, CA, for the Defendants-Appellants.

Christopher Paik (Brian G. Cartwright and Eric Summergrad, with him on the brief), Securities and Exchange Commission, Washington, DC, for the Plaintiff-Appellee.

Before LUCERO, HOLLOWAY, and EBEL, Circuit Judges.


LUCERO, Circuit Judge.

In this civil enforcement action, the Securities and Exchange Commission ("Commission" or "SEC") charged that Jon R. Marple ("Marple") and Grateful Internet Associates, LLC ("Grateful"),1 violated Section 10(b) of the Securities Exchange Act of 1934 ("§ 10(b)"), 15 U.S.C. § 78j(b); Commission Rule 10b-5 ("Rule 10b-5"), 17 C.F.R. § 240.10b-5; and Section 17(a) of the Securities Act of 1933 ("§...

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