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S.E.C. v. JOHNSON

No. 09-5399.

650 F.3d 710 (2011)

SECURITIES AND EXCHANGE COMMISSION, Appellee v. Charles JOHNSON, Jr., Appellee. Chris Benyo, Appellant Michael Kennedy, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 2011.

Reissued September 22, 2011.

Attorney(s) appearing for the Case

Terrance G. Reed argued the cause for appellant. With him on the briefs was Vernon T. Lankford.

Luis de la Torre , Senior Litigation Counsel, Securities and Exchange Commission, argued the cause for appellee Securities and Exchange Commission. With him on the brief were David M. Becker , General Counsel, Jacob H. Stillman , Solicitor, and Rada Lynn Potts , Attorney. John D. Worland Jr. , Counsel, entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

In this civil enforcement action, a jury found Christopher Benyo aided and abetted a securities fraud by his former employer PurchasePro.com, Inc., in violation of 15 U.S.C. § 78t(e). The district court fined Benyo $35,000 and barred him from serving as an officer or director of a publicly held company for five years. On appeal, Benyo argues the district court erred in allowing his trial to proceed...

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