S.E.C. v. TAMBONE

No. 07-1384.

550 F.3d 106 (2008)

SECURITIES and EXCHANGE COMMISSION, Plaintiff, Appellant, v. James TAMBONE; Robert Hussey, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 3, 2008.


Attorney(s) appearing for the Case

John W. Avery, Senior Litigation Counsel, Securities and Exchange Commission, with whom Andrew N. Vollmer, Deputy General Counsel, and Jacob H. Stillman, Solicitor, were on brief, for appellant.

Elliot H. Scherker, with whom Greenberg Traurig, P.A., A. John Pappalardo, John A. Sten, David G. Thomas, D. Greg Blankinship, and Greenberg Traurig, LLP, were on brief, for appellee Tambone.

Christopher M. Joralemon, with whom Warren L. Feldman, Clifford Chance U.S. LLP, Frank A. Libby, Jr., John J. Commisso, and Kelly, Libby & Hoopes, P.C., were on brief, for appellee Hussey.

Before SELYA and LIPEZ, Circuit Judges, and DELGADO-COLN, District Judge.


LIPEZ, Circuit Judge.

In this enforcement action brought by the Securities and Exchange Commission ("SEC" or "the Commission"), the Commission seeks to hold defendants James R. Tambone and Robert Hussey, executives of Columbia Funds Distributor, Inc., the primary underwriter for the Columbia family of mutual funds, responsible both as primary violators of the federal securities laws and as aiders and abettors of uncharged primary violations of Columbia Advisors and...

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