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Securities and Exchange Commission v. Sargent

United States Court of Appeals for the First Circuit

329 F.3d 34 (2003)

Relevant factsFree

Webcasting-company president Shepard (defendant) learned confidentially of a tender offer for Purolator and, despite agreeing to secrecy, told his dentist friend Sargent (defendant), who bought Purolator shares and profited $141,768 after the public announcement; the SEC (plaintiff) sued both, and the district court ordered joint and several disgorgement of Sargent's profits but denied injunctive relief and civil penalties, prompting the SEC's appeal.

IssueFree

Whether the SEC is entitled to an injunction against future violations after a securities-law violation, if such violations are reasonably likely.

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