SCOTTSDALE CAPITAL v. FINANCIAL INDUSTRY

No. 16-1497.

844 F.3d 414 (2016)

SCOTTSDALE CAPITAL ADVISORS CORPORATION; John J. Hurry; Timothy B. Diblasi; Darrel Michael Cruz, Plaintiffs-Appellants, v. FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC., Defendant-Appellee. Securities and Exchange Commission, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 20, 2016.


Attorney(s) appearing for the Case

ARGUED: Jonathan S. Franklin , NORTON ROSE FULBRIGHT US LLP, Washington, D.C., for Appellants. Timothy Wilson Mountz , FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC., Washington, D.C., for Appellee. Martin V. Totaro , SECURITIES AND EXCHANGE COMMISSION, Washington, D.C., for Amicus Curiae. ON BRIEF: John W. Akin , NORTON ROSE FULBRIGHT US LLP, Washington, D.C., for Appellants. Terri L. Reicher , Office of General Counsel, FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC., Washington, D.C., for Appellee. Anne K. Small , General Counsel, Sanket J. Bulsara , Deputy General Counsel, Michael A. Conley , Solicitor, Dominick V. Freda , Senior Litigation Counsel, Josephine T. Morse , Office of the General Counsel, SECURITIES AND EXCHANGE COMMISSION, Washington, D.C., for Amicus Curiae.

Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Motz and Judge King joined.


Scottsdale Capital Advisors Corporation and three of its current and former officers (collectively, "Scottsdale") are respondents in an ongoing disciplinary proceeding before the Financial Industry Regulatory Authority, Inc. ("FINRA") for allegedly selling unregistered securities in violation of Section 5 of the Securities...

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