S.E.C. v. DEYOUNG

No. 16-4013.

850 F.3d 1172 (2017)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Curtis L. DEYOUNG, an individual, Defendant-Appellee, American Pension Services, Inc., a Utah corporation, Defendant. Richard Seiler; Michelle Seiler; Christa Zaro, Intervenors-Appellants. First Utah Bank, Interested Party-Appellee, and Diane Thompson, Receiver-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED March 9, 2017.


Attorney(s) appearing for the Case

Brent D. Wride ( Mark W. Pugsley and Jared N. Parrish with him on the briefs), of Ray Quinney & Nebeker P.C., Salt Lake City, Utah, for Richard Seiler, Michelle Seiler, and Christa Zaro, Intervenors-Appellants.

Gary E. Doctorman ( Matthew D. Cook and Emily D. Holt with him on the brief), of Parsons Behle & Latimer, Salt Lake City, Utah, for First Utah Bank, Interested Party-Appellee.

Mark R. Gaylord ( Melanie J. Vartabedian with him on the brief), of Ballard Spahr LLP, Salt Lake City, Utah, for Receiver-Appellee.

Theodore J. Weiman , Senior Counsel ( Anne K. Small , General Counsel, Sanket J. Bulsara , Deputy General Counsel, Michael A. Conley , Solicitor, and Tracey A. Hardin , Assistant General Counsel, with him on the brief), Securities and Exchange Commission, Washington, D.C., for Plaintiff-Appellee SEC.

Before HOLMES, SEYMOUR, and MORITZ, Circuit Judges.


The Securities and Exchange Commission ("SEC") brought this civil action against American Pension Services ("APS"), a third-party administrator of self-directed individual retirement and 401(k) accounts (collectively "IRA Accounts"), and its President and CEO, Curtis DeYoung. The SEC alleged that DeYoung misappropriated ...

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