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S.E.C. v. SECURITIES INVESTOR PROTECTION CORP.

Civil Action No. 11-mc-678 (RLW).

872 F.Supp.2d 1 (2012)

SECURITIES AND EXCHANGE COMMISSION, Applicant, v. SECURITIES INVESTOR PROTECTION CORPORATION, Respondent.

United States District Court, District of Columbia.

July 3, 2012.

Attorney(s) appearing for the Case

Matthew T. Martens , David Stuart Mendel , U.S. Securities and Exchange Commission, Washington, DC, for Applicant.

Edwin John U. Eugene Frank Assaf, Jr. , John Caviness O'Quinn , Michael W. McConnell , Susan Davies , Kirkland & Ellis LLP, Washington, DC, for Respondent.

MEMORANDUM OPINION AND ORDER

ROBERT L. WILKINS, District Judge.

In SIPC v. Barbour, 421 U.S. 412, 95 S.Ct. 1733, 44 L.Ed.2d 263 (1975), the Supreme Court held that persons claiming to be customers of a broker dealer do not have an implied right of action under the Securities Investor Protection Act ("SIPA") to compel the Securities Investor Protection Corporation ("SIPC") to exercise its statutory authority for...

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