SEC v. U.S. Environmental, Inc.

155 F.3d. 107 (1998)

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SEC v. U.S. Environmental, Inc.

United States Court of Appeals for the Second Circuit
155 F.3d. 107 (1998)

KS

Facts

The Securities and Exchange Commission (SEC) (plaintiff) charged John Romano (defendant) with market manipulation in a scheme to manipulate the price of U.S. Environmental, Inc. Romano was a trader and registered representative of a broker-dealer, Castle Securities Corporation (Castle). Castle agreed to manipulate the stock of U.S. Environmental, Inc. under the direction of Mark D’Onofrio, the stock’s promoter. While Romano did not design or instigate the plan to manipulate the stock price of U.S. Environmental, he did execute the buy and sell orders as directed by D’Onofrio. When executing D’Onofrio’s orders, Romano knew or was reckless in not knowing that the purpose of the transactions was to inflate the market for U.S. Environmental stock. Romano argued that because he did not share the D’Onofrio’s purpose in wanting to manipulate the U.S. Environmental stock, he was not liable for market manipulation. The district court dismissed the case, determining that Romano was not liable, and the SEC appealed.

Rule of Law

Issue

Holding and Reasoning (Walker, J.)

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