SECURITIES LAW - FLORIDA

S.E.C. v. City of Miami, Fla.

United States District Court, S.D. Florida, Miami Division - December 27, 2013 - F.Supp.2d - 2013 WL 6842072

Alleging multiple violations of federal securities laws in connection with fraudulent accounting and the resulting inflation of its bond ratings, the SEC filed suit against the City of Miami,  seeking:  1) a declaration that Defendants have violated the federal securities laws;  2) an order directing the City to comply with the prior Commission order;  3) a permanent injunction enjoining Defendants from violating Section 17(a) of the Securities Act, 15 U.S.C. § 77q(a) and Section 10(b) and Rule 10b–5 of the Exchange Act, 15 U.S.C. § 78j(b);  and 4) an order directing Defendants to pay civil money penalties pursuant to Section 20(d) of the Securities Act, 15 U.S.C. § 77t(d), and Section 21(d) of the Exchange Act, 15 U.S.C. § 78u(d).

The City filed a motion to dismiss.  The court declined to dismiss on any of the City’s stated grounds.

Although the court conceded that the City had made a strong argument regarding materiality, it concluded that, “Viewing the allegations concerning materiality in the light most favorable to the SEC, the Court concludes materiality is minimally satisfied.”



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