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U.S. SECURITIES & EXCHANGE COM'N v. JENSEN

No. 14-55221.

835 F.3d 1100 (2016)

U.S. SECURITIES & EXCHANGE COMMISSION, Plaintiff-Appellant, v. Peter L. JENSEN; Thomas C. Tekulve, Jr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2016.

Attorney(s) appearing for the Case

Paul G. Alvarez (argued), Senior Counsel; Benjamin L. Schiffrin , Senior Litigation Counsel; Jacob H. Stillman , Solicitor; Michael A. Conley , Deputy General Counsel; U.S. Securities & Exchange Commission, Washington, D.C.; for Plaintiff-Appellant.

David C. Scheper (argued), William H. Forman , and Annah S. Kim , Scheper Kim & Harris, Los Angeles, California, for Defendant-Appellee Peter L. Jensen.

Seth Aronson (argued), Carolyn Kubota , and Alec Johnson , O'Melveny & Myers, Los Angeles, California, for Defendant-Appellee Thomas C. Tekulve, Jr.

Concurrence by Judge Bea

OPINION

The Securities and Exchange Commission appeals from a district court judgment in favor of Peter Jensen and Thomas Tekulve, the former Chief Executive Officer and Chief Financial Officer of the now-defunct Basin Water, Inc. The SEC filed suit against Defendants in 2011 alleging that they had participated...

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