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VAN DYKE v. WHITE

No. 4-14-1109.

2016 IL App (4th) 141109

RICHARD LEE VAN DYKE, d/b/a Dick Van Dyke Registered Investment Advisor, Plaintiff-Appellant, v. JESSE WHITE, in His Official Capacity as Illinois Secretary of State; THE ILLINOIS DEPARTMENT OF SECURITIES; and TANYA SOLOV, in Her Official Capacity as the Director of the Illinois Department of Securities, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Opinion filed September 7, 2016.

Attorney(s) appearing for the Case

William P. Hardy (argued), of Hinshaw & Culbertson LLP, of Springfield, for appellant.

Lisa Madigan , Attorney General, of Chicago ( Carolyn E. Shapiro , Solicitor General, and Christopher M.R. Turner (argued), Assistant Attorney General, of counsel), for appellees.

E. King Poor , Gary R. Clark , and Charles E. Harper , all of Quarles & Brady LLP, of Chicago, for amicus curiae National Association for Fixed Annuities.

Kirk W. Dillard , Julie L. Young , and Hugh S. Balsam , all of Locke Lord LLP, of Chicago, for amicus curiae Fidelity & Guaranty Life Insurance Company and Indexed Annuity Leadership Council.

Christopher D. Galanos , of Quinn, Johnston, Henderson, Pretorius & Cerulo, of Springfield, amicus curiae.

Anne-Valerie Mirko , of North American Securities Administration Association, Inc., of Washington. D.C., amicus curiae.

Justices Harris and Holder White concurred in the judgment and opinion.

OPINION

¶ 1 In March 2013, the Illinois Department of Securities (Department), under Illinois Secretary of State Jesse White (Secretary), filed a notice of hearing alleging plaintiff, Richard Lee Van Dyke, d/b/a Dick Van Dyke Registered Investment Advisor, defrauded...

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