United States SEC v. Kearns, 2010 U.S. Dist. LEXIS 15897 (D.N.J. February 23, 2010)

United States SEC v. Kearns, 2010 U.S. Dist. LEXIS 15897 (D.N.J. February 23, 2010)

LexisNexis Overview: SEC's suit alleging false and misleading statements in violation of 15 U.S.C.S. § 78j(b) and other federal securities laws was timely under 28 U.S.C.S. § 2462 because the suit was filed within five years of when the alleged fraudulent scheme was revealed to the public, and there was no showing that the SEC could have uncovered the fraud earlier.

Counsel: John J. Bowers, Esq., Paul Kisslinger, Esq., Sharon Custer, Esq., U.S. SECURITIES & EXCHANGE COMMISSION, Washington, DC, Counsel for Plaintiff the United States Securities and Exchange Commission.

Judges: HONORABLE JEROME B. SIMANDLE, United States District Judge.

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