S.E.C. v. LEVINE

Nos. 86 Civ. 3726 (RO), 86 Civ. 5182 (RO).

689 F.Supp. 317 (1988)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Dennis B. LEVINE, et al., Defendants. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Robert M. WILKIS, et al., Defendants.

United States District Court, S.D. New York.

July 7, 1988.


Attorney(s) appearing for the Case

S.E.C., Daniel L. Goelzer, Gen. Counsel, Paul Gonson, Sol., Jacob H. Stillman, Benjamin Greenspoon, Associate Gen. Counsel, Richard A. Kirby, Thomas C. Newkirk, Asst. Gen. Counsel, Denise M. O'Brien, Deputy to Associate Gen. Counsel (Randall W. Quinn, Joseph H. Harrington, of counsel), S.E.C., Washington, D.C., (Robert B. Blackburn, of counsel), New York City, for plaintiff.

Mudge Rose Guthrie Alexander & Ferdon, New York City (Audrey Strauss, of counsel), for Elsa F. Wilkis.

S.E.C., Washington, D.C. (Barry Goldsmith, of counsel), for plaintiff in re Wilkis securities litigation.

U.S. Department of Justice, Tax Div., Washington, D.C., William S. Rose, Jr., Asst. Atty. Gen., Tax Div., D. Patrick Mullarkey, Chief, Civil Trial Section Northern Region (Seth G. Heald, of counsel), for U.S. Dept. of Justice.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City (Judith C. Zerden, of counsel), for State of N.Y.

Wolf, Popper, Ross, Wolf & Jones, New York City (Stanley Nemser, of counsel), Berger & Montague, P.C., 1622 Locust Street Philadelphia, Pa. (David Berger, of counsel), for Class plaintiffs in Re Boesky securities litigation.

Cadwalader, Wickersham & Taft, New York City (George Reycraft, of counsel), for plaintiffs Arden Way.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Arthur L. Liman, Martin Flumenbaum, Brad S. Karp, Robert Ernst, of counsel), for defendant Dennis B. Levine.

Reavis & McGrath, New York City (Eddy W. Friedfeld, of counsel), for Court Appointed Receiver Sheldon I. Goldfarb.

Kramer, Levin, Nessen, Kamin & Frankel, New York City (Gary P. Naftalis, Marvin E. Frankel, Michael J. Dell, Phillip Bentley, of counsel), for defendant Robert M. Wilkis.

Debevoise & Plimpton, Washington, D.C. (Robert J. Geniesse, Thomas Carroll, of counsel), for Cambrian & General Securities P.L.C. and Farnsworth and Hastings, Ltd.


MEMORANDUM AND ORDER

OWEN, District Judge:

Defendants Levine and Wilkis disgorged $12.8 million and $3.4 million, respectively, into receivership pursuant to the Consent and Undertakings and Final Judgments of Permanent Injunction that each signed in June of 1986 following negotiations with the SEC. The Consents and Final Judgments stated that each defendant was permanently restrained and enjoined from engaging in fraud or deceit in connection with

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