United States Securities and Exchange Commission v. Alpine Securities Corporation
| United States Securities and Exchange Commission |
| Alpine Securities Corporation |
| 7:2017cv04179 |
| June 5, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Denise L. Cote |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
261
ORDER granting 260 Letter Motion for Discovery. Granted. (Signed by Judge Denise L. Cote on 6/22/2022) (vfr)
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Filing
252
ORDER: On November 21, 2019, the Court of Appeals granted the application of Alpine Securities Corporation (Alpine) for a stay, pending appeal, of the October 9, 2019 judgment entered by this Court and remanded this matter to this Court, pursuant to United States v. Jacobsen, 15 F.3d 19 (2d Cir. 1994), for consideration of appropriate conditions for the stay to ensure that Alpines assets will not be dissipated during the pendency of the appeal while allowing it to remain in operation. The Court having considered the record of this case, including the parties submissions and argument on this matter, it is herebyORDERED that, pending further order of this Court, the following are the only transfers of assets by Alpine to any other person or e ntity permitted without leave of this Court: (1) Alpine may pay ordinary and recurring business expenses incurred in the ordinary course of Alpines business to individuals and entities other than Alpines owners and affiliates, including but not limit ed to payments of employees, vendors, and legal and accounting fees, and will disclose those payments to the U.S. Securities and Exchange Commission (SEC) at least three (3) business days prior to their payment. (2) Alpine may engage in distributions constituting return of capital in relation to any capital infusion or financing obtained by Alpine after issuance of this Order, limited to the amount of capital contributed to the firm after the date of this Order. Such transfers may be made only to the person or entity who made the corresponding contribution. (3) Alpine may not make distributions or other payments of any kind to owners or affiliates, or agents, direct or indirect owners, officers, servants, employees, and other persons in ac tive concert or participation with Alpines owners or affiliates, except that Alpine may continue to pay amounts for rent that it is currently obligated to pay. (4) In the event that Alpine seeks to make any other transfer of its assets, it will advis e the SEC at least seven (7) business days in advance of the amount and purpose of the transfer and the parties will seek to reach an agreement regarding the payment. If the parties fail to agree, Alpine will seek approval from the Court and the SEC will have an opportunity to respond prior to any transfer. Alpine may satisfy calls from the NSCC without providing seven (7) business days advance notice to the SEC in the event such a response is necessary for Alpine to continue its operations, b ut Alpine must provide notice to the SEC of such calls and its responses without unnecessary delay. (5) Alpine will continue to provide copies to the SEC of the monthly FOCUS Reports. In addition, Alpine will provide copies to the SEC of the Daily Financial Reports it currently provides to FINRA, at the same time it provides those documents to FINRA. (Signed by Judge Denise L. Cote on 11/26/20190) (gr)
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Filing
250
ORDER: The Securities and Exchange Commission ("SEC") having submitted a proposed order in response to the Court of Appeal's instruction to identify conditions to the stay necessary to ensure that the assets of Alpine Securities Corp. ("Alpine") will not be dissipated during the pendency of the appeal while allowing it to remain in operation, it is hereby ORDERED that the parties shall meet and confer and (a) submit by 6:00 p.m. today a proposed order jointly approved by both parties, or (b) if there is no agreement on a joint order, Alpine shall submit by 6:00 p.m. today its own proposed order. (Signed by Judge Denise L. Cote on 11/25/2019) (gr)
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Filing
247
ORDER: In connection with the schedule set forth in the Order of November 21, 2019, it is hereby ORDERED that, on or before Sunday, November 24, 2019, the parties shall confer to determine the extent to which they agree on any conditions to the stay necessary to ensure that the assets of Alpine Securities Corp. will not be dissipated during the pendency of the appeal while allowing it to remain in operation. (Signed by Judge Denise L. Cote on 11/22/2019) (gr)
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Filing
246
ORDER: It is hereby ORDERED that, by Friday, November 22 at 12:00 p.m., Alpine shall provide this Court with two (2) courtesy copies of all papers submitted to the Court of Appeals in connection with its application for a stay of the judgment. I T IS FURTHER ORDERED that, by Saturday, November 23 at 12:00 p.m., Alpine shall file a memorandum and any supporting papers describing appropriate conditions to the stay to ensure that its assets will not be dissipated during the pendency of the appe al while allowing it to remain in operation. Alpine shall provide this Court with two (2) courtesy copies of these papers by Monday, November 25 at 9:00 a.m. IT IS FURTHER ORDERED that the Securities and Exchange Commission ("SEC") shall file any responsive memorandum and any supporting papers by Monday, November 25 at 12:00 p.m. The SEC shall provide this Court with two (2) courtesy copies of these papers by Monday, November 25 at 3:00 p.m. IT IS FURTHER ORDERED that a conference i s scheduled for Tuesday, November 26 at 11:00 a.m. in Courtroom 18B of the United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 11/26/2019 at 11:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/21/2019) (rro)
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Filing
235
AMEND REDACTED OPINION AND ORDER........The SECs May 3 motion for remedies is granted in part. Alpine shall pay a civil penalty in the amount of $12,000,000. An injunction will be entered against Alpine. (Signed by Judge Denise L. Cote on 9/12/2019) (gr)
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Filing
226
REDACTED OPINION AND ORDER.....The SEC's May 3 motion for remedies is granted in part. Alpine shall pay a civil penalty in the amount of $12,000,000.00 An injunction will be entered against Alpine. (Signed by Judge Denise L. Cote on 9/12/2019) (gr)
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Filing
224
OPINION AND ORDER.....Alpines July 3 motion for reconsideration is denied. (Signed by Judge Denise L. Cote on 8/29/2019) (gr)
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Filing
174
OPINION & ORDER re: 146 MOTION for Summary Judgment on Liability filed by United States Securities and Exchange Commission: The SEC's July 13, 2018 motion for summary judgment is granted in part. The SEC has shown as a matter of law that Alpine violated Rule 17a-8 repeatedly by filing required SARs with deficient narratives, failing to file SARs for groups of suspicious liquidation transactions, and failing to maintain and produce SAR support files. (Signed by Judge Denise L. Cote on 12/11/2018) (Attachments: # 1 Exhibit)(jwh)
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Filing
140
OPINION & ORDER.....The SECs July 3, 2018 motion to enjoin the Utah Action is granted. Alpine and SCA are enjoined from litigating in the United States District Court for the District of Utah case number 18cv409(CW). This injunction shall be dissolved after the conclusion of any appeal from the entry of final judgment in this action. (Signed by Judge Denise L. Cote on 7/11/2018) (gr)
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Filing
129
MEMORANDUM OPINION & ORDER.....Alpines April 20 motions for reconsideration and for certification for interlocutory appeal are denied. (Signed by Judge Denise L. Cote on 6/18/2018) (gr)
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Filing
101
OPINION AND ORDER granting in part and denying in part 68 Motion for Partial Summary Judgment; denying 83 Motion for Summary Judgment: The SECs December 6, 2017 motion for partial summary judgment is granted in part. Alpines January 19, 2018 motion for summary judgment and for judgment on the pleadings is denied, and as further set forth in this Opinion. (Signed by Judge Denise L. Cote on 03/30/2018) (LG)
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