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S.E.C. v. TODD

Nos. 07-56098, 07-56193, 07-56196.

642 F.3d 1207 (2011)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. John J. TODD; Robert D. Manza; Jeffrey Weitzen, Defendants-Appellees. Securities and Exchange Commission, Plaintiff-Appellee, v. John J. TODD, Defendant-Appellant, and Robert D. Manza; Jeffrey Weitzen, Defendants. Securities and Exchange Commission, Plaintiff-Appellee, v. John J. TODD, Defendant, Jeffrey Weitzen, Defendant, and Robert D. Manza, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2011.

Attorney(s) appearing for the Case

Randall Quinn , Assistant General Counsel, Washington, D.C., for plaintiff-appellant Securities and Exchange Commission.

Vincent J. Brown and Robert D. Rose , Sheppard, Mullin, Richter & Hampton, LLP, San Diego, CA, for defendant-appellee John J. Todd ; James L. Sanders , McDermott Will & Emery, LLP, Los Angeles, CA, for defendant-appellee Robert D. Manza.

Clifford M. Sloan , Skadden, Arps, Slate, Meagher & Flom, LLP, Washington, DC, for defendant-appellee Jeffrey Weitzen.

Before: MARY M. SCHROEDER, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

The Securities and Exchange Commission (SEC) brought suit against senior officers of Gateway Incorporated (now a subsidiary of Acer, Inc.) claiming that they unlawfully misrepresented Gateway's financial condition in the third quarter of 2000 in order to meet financial analysts' earnings and revenue expectations. After a three-week trial, a jury found two former Gateway financial executives, John J. Todd and Robert D. Manza...

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