Securities and Exchange Commission v. Farkas

Filing 45

MEMORANDUM OPINION Re: Pltf's Motion for Summary Judgment. Signed by District Judge Leonie M. Brinkema on 05/15/13. (pmil)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Alexandria •fiOR rXHE!] Division 'h _l!= MAY 1 5 2013 SECURITIES AND EXCHANGE CLERK, U :• COMMISSION, ALtXAr:; Plaintiff l:10-cv-667 (LMB/TRJ) v. LEE B. FARKAS, Defendant. MEMORANDUM OPINION Before the Court is plaintiff Securities and Exchange Commission's ("SEC") Motion for Summary Judgment [Dkt. No. 29], which was filed on January 14, 2013 and provided defendant pro se Lee B. Farkas ("Farkas") with the proper notice pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). After receiving two extensions of time in which to submit a response, see Dkt. Nos. 38 & 40, Farkas filed an opposition brief, to which the SEC has replied. Having reviewed the issues raised in plaintiff's motion, the Court has determined that oral argument will not assist the decisional process, and will grant summary judgment to the plaintiff for the reasons discussed below. I. BACKGROUND This civil action follows upon the defendant's conviction in this district for conspiracy to hide the financial troubles of Taylor, Bean, & Whitaker Mortgage Corporation ("TBW") by '' v' I &

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