Securities and Exchange Commisison v. Pentagon Capital Management PLC et al
Plaintiff: Securities and Exchange Commisison
Defendant: Pentagon Capital Management PLC and Lewis Chester
Relief Defendant: Pentagon Special Purpose Fund, LTD.
Case Number: 1:2008cv03324
Filed: April 3, 2008
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Robert W. Sweet
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. ยง 77 Securities Fraud
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
October 29, 2013 Opinion or Order Filing 251 AMENDED OPINION re: 245 MOTION for Attorney Fees and expenses or, in the alternative, to withdraw as counsel for defendant Lewis Chester filed by Lewis Chester. Based upon the conclusions set forth above, the Pepper Hamilton's motion to modify the restraining notice with respect to the relevant fees is granted and payment of Seyfarth Shaw's fee is approved. (Signed by Judge Robert W. Sweet on 10/29/2013) (rsh)
October 21, 2013 Opinion or Order Filing 250 OPINION re: 243 MOTION for Fees and Expenses or, in the Alternative, to Withdraw as Counsel for Pentagon Capital Management PLC filed by Pentagon Capital Management PLC. Based upon the conclusions set forth above, the Pepper Hamilton's motion to modify the restraining notice with respect to the relevant fees is granted. (Signed by Judge Robert W. Sweet on 10/18/2013) (cd)
March 28, 2012 Opinion or Order Filing 214 OPINION: The evidence presented at trial established that defendants engaged in an intentional and egregious fraudulent late trading scheme over the course of several years, involving thousands of transactions violative of the federal securities laws. In light of the facts and circumstances of this case, civil penalties of $38,416,500 are assessed jointly and severally on defendants PCM and Chester. (Signed by Judge Robert W. Sweet on 3/28/2012) (mro)
February 14, 2012 Opinion or Order Filing 205 OPINION: For the reasons set forth within, Defendants and Relief Defendant, PSPF, shall disgorge the total of their pecuniary gain on trades through TW&Co., a sum of $38,416,500 plus pre-judgment interest. Civil penalties of $38,416,500 are additionally imposed and injunctive relief is granted. Submit judgment upon notice. (Signed by Judge Robert W. Sweet on 2/14/2012) (ab)
November 12, 2010 Opinion or Order Filing 81 OPINION: Defendants' motion to compel Brady and Giglio materials is denied.It is so ordered. (Signed by Judge Robert W. Sweet on 11/12/10) (db)
October 8, 2010 Opinion or Order Filing 79 OPINION that Defendants' motion to compel is denied as to the list of mutual funds that allowed capacity agreements and granted as to the exhibits to the investigative testimonies already produced by the SEC. (Signed by Judge Robert W. Sweet on 10/7/10) (cd)
July 1, 2010 Opinion or Order Filing 63 OPINION: Defendants' motion in limine is granted as to the admissibility of the Cutler testimony, subject to a further ruling on relevance at an appropriate time in the proceedings. (Signed by Judge Robert W. Sweet on 6/30/2010) (tro)
March 17, 2010 Opinion or Order Filing 53 OPINION: #98680 Each of the documents at issue in this motion is an Order of the SEC making findings based on facts discovered pursuant to its investigative authority. Such findings are presumed reliable and admissible under Rule 803(8) (C). Because the documents are not being offered to establish liability, Rule 408 is not implicated. The proffered documents are admissible pursuant to Rule 803 (8) (C). Any rulings with respect to relevance or other issues of admissibility will be determined at an appropriate time in the proceedings which follow. (Signed by Judge Robert W. Sweet on 3/11/2010) (jpo) Modified on 3/19/2010 (ajc).
October 14, 2009 Opinion or Order Filing 38 ORDER, Set Deadlines/Hearing as to 36 MOTION in Limine to Determine Admissibility of SEC Findings. ( Motion Hearing set for 11/4/2009 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) All motion papers shall be served in accordance with Local Civil Rule 6.1. (Signed by Judge Robert W. Sweet on 10/13/09) (cd)
February 10, 2009 Opinion or Order Filing 30 OPINION:# 97067 For the reasons set forth in this order, the motion to dismiss is denied. (Signed by Judge Robert W. Sweet on 2/9/09) (mme) Modified on 2/13/2009 (jab).
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Plaintiff: Securities and Exchange Commisison
Represented By: Mark K. Schonfeld
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Defendant: Pentagon Capital Management PLC
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Defendant: Lewis Chester
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Relief defendant: Pentagon Special Purpose Fund, LTD.
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