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S.E.C. v. WING

No. 08-4224.

599 F.3d 1189 (2010)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, and Vescor Capital Corp., a Nevada corporation; Vescor Capital, Inc., a Nevada corporation; Vescorp Capital, LLC, a Nevada limited liability company; Vescorp Capital IV-A, LLC, a Nevada limited liability company; Vescorp Capital IV-M, LLC, a Nevada limited liability company; Val E. Southwick, Defendants, Heritage Capital Management, LLC; Covenant Bancorp, Inc.; Covenant Capital, LLC; Heritage Orcas Partners, LP; Heritage Orcas VL Partners, LP; Boundary Bay Capital, LLC, Movants-Appellants, v. Robert G. WING, Receiver-Appellee.

United States Court of Appeals, Tenth Circuit.

March 30, 2010.

Attorney(s) appearing for the Case

Peter Billings (with Timothy K. Clark on the briefs), Fabian & Clendenin, Salt Lake City, UT, for Movants-Appellants.

M. David Eckersley, Prince, Yeates & Geldzahler, Salt Lake City, UT, for Receiver-Appellee.

Before HENRY, Chief Judge, BRISCOE, and LUCERO, Circuit Judges.

HENRY, Chief Judge.

The SEC filed a complaint against Val E. Southwick and a variety of companies he controlled (Vescor Capital Corp.; Vescor Capital, Inc., Vescorp Capital, LLC, Vescorp Capital IV-A, LLC; Vescorp Capital IV-M, LLC; together "Vescor"), alleging that Mr. Southwick operated a massive Ponzi scheme that defrauded several hundred investors of approximately $180 million. Soon thereafter, the SEC sought and obtained the appointment of a receiver to manage...

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