SEC v. Johnson, Jr., et al., No. 09-5399 (D.C. Cir. 2011)
Annotate this CaseIn this civil enforcement action, a jury found appellant aided and abetted a securities fraud by his former employer in violation of 15 U.S.C. 78t(e). At issue was whether the district court erred in allowing appellant's trial to proceed in the District of Columbia pursuant to the "co-conspirator theory of venue." The court held that the SEC failed to lay venue in the District of Columbia under the "straightforward language of [section 78aa]." Accordingly, the court reversed the judgment of the district court on the basis of improper venue in light of Olberling v. Illinois Central and the district court was instructed to dismiss the case without prejudice.
The court issued a subsequent related opinion or order on September 22, 2011.
The court issued a subsequent related opinion or order on September 22, 2011.
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