S.E.C. v. MERRILL SCOTT & ASSOCIATES, LTD.

No. 2:02-CV-39-TC.

505 F.Supp.2d 1193 (2007)

SECURITIES & EXCHANGE COMMISSION, Plaintiff, v. MERRILL SCOTT & ASSOCIATES, LTD., Merrill Scott & Associates, Inc., Phoenix Overseas Advisers, Ltd., Gibraltar Permanente Assurance, Ltd., Patrick M. Brody, David E. Ross II, and Michael G. Licopantis, Defendants.

United States District Court, D. Utah, Central Division.

May 21, 2007.


Attorney(s) appearing for the Case

Thomas M Melton, Cheryl M. Mori, Karen L. Martinez, William B. Mckean, Securities And Exchange Commission, Salt Lake City, UT, for Plaintiff.

Brent E. Johnson, James L. Barnett, Holland & Hart, Reha Kamas Deal, Utah Attorney General's Office, Jeffrey R. Olsen, Randall A Mackey, Gifford W Price, Gregory N. Jones, Russell C. Skousen, Mackey Price Thompson & Ostler, Rodney G. Snow, Jennifer A. James, Clyde Snow Sessions & Swenson, Salt Lake City, UT, for Defendants.


ORDER AND MEMORANDUM DECISION

TENA CAMPBELL, Chief Judge.

Plaintiff Securities & Exchange Commission (SEC) seeks summary judgment against individual defendant Patrick M. Brody in this civil securities fraud action. Mr. Brody is the only remaining defendant in this five-year-old case.

As demonstrated below, the undisputed facts prove that Mr. Brody violated the anti-fraud provisions and broker registration requirements of the federal securities...

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