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S.E.C. v. RAZMILOVIC

Docket No. 12-0357.

728 F.3d 71 (2013)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Tomo RAZMILOVIC, Defendant-Appellant, Symbol Technologies, Inc., Kenneth Jaeggi, Leonard Goldner, Brian Burke, Michael DeGennaro, Frank Borghese, Christopher DeSantis, James Heuschneider, Gregory Mortenson, James Dean, Robert Donlon, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 22, 2013.

Attorney(s) appearing for the Case

Susan S. McDonald , Senior Litigation Counsel, Securities and Exchange Commission, Washington, D.C. ( Mark D. Cahn , General Counsel, Michael A. Conley , Deputy General Counsel, Jacob H. Stillman , Solicitor, Securities and Exchange Commission, Washington, D.C., on the brief), for Plaintiff-Appellee.

Jeffrey B. Coopersmith , Seattle, WA ( John A. Goldmark , Davis Wright Tremaine , Seattle, WA; Katherine A. Heaton , DLA Piper, Seattle, WA, on the brief), for Defendant-Appellant.

Before: JACOBS, Chief Judge, KEARSE and CARNEY, Circuit Judges.

KEARSE, Circuit Judge:

Defendant Tomo Razmilovic appeals from so much of a judgment of the United States District Court for the Eastern District of New York, Sandra J. Feuerstein, Judge, as orders him to disgorge to plaintiff Securities and Exchange Commission ("SEC") $41,753,623.04, plus prejudgment interest in the amount of $27,260,953.99, and to pay a civil penalty of $22,876,811.52, for violations of various provisions of the Securities Act of 1933 (the...

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