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S.E.C. v. MALENFANT

No. 91 CIV. 2966 (MBM).

784 F.Supp. 141 (1992)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Mark P. MALENFANT, Thomas C. Payne, and Payne Financial Group, Defendants.

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

March 12, 1992.

Attorney(s) appearing for the Case

Bruce M. Bettigole, Margarita S. Brose, S.E.C., Washington, D.C., for plaintiff.

Allan M. Lerner, Lerner & Pearce, Fort Lauderdale, Fla., for Payne defendants.

OPINION AND ORDER

MUKASEY, District Judge.

The Securities and Exchange Commission brought this action against defendants Thomas C. Payne, Payne Financial Group and Mark P. Malenfant, alleging that they have manipulated the price of Texscan common stock, or were about to do so, in violation of Sections 9(a)(1), 9(a)(2) and 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. §§ 78i(a)(1), 78i(a)(2) and 78j(b), and Rule 10b...

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