Injunctions Aren’t Penalties, Panel Rules In Remanding Securities Fraud Suit

Mealey's (September 30, 2019, 2:36 PM EDT) -- PHILADELPHIA — Ruling that injunctions under Sections 21(d)(1) and (6) of the Securities Exchange Act are not penalties governed by a provision of the United States code, a Third Circuit U.S. Court of Appeals panel on Sept. 26 ruling on what it described as an issue of first impression, vacated and remanded a federal district court’s denial of certain injunctive relief against the operator of two pump-and-dump schemes to manipulate penny stocks (Securities and Exchange Commission v. Guy Gentile, No. 18-1242, 3rd Cir., 2019 U.S. App. LEXIS 29099)....