Securities and Exchange Commission v. Stewart A. Merkin

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-13929
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D.C. Docket No. 1:11-cv-23585-DLG
SECURITIES AND EXCHANGE COMMISSION,
pE Plaintiff-Appellee,
versus
STEWART A. MERKIN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(January 13, 2016)
Before PRYOR, Circuit Judge, and WOOD,* Chief District Judge.**
* Honorable Lisa Godbey Wood, Chief United States District Judge for the Southern
District of Georgia, sitting by designation.
** Honorable B. Avant Edenfield, United States District Judge for the Southern District of
Georgia, sat by designation as a member of the panel at oral argument, but is now deceased. We
therefore decide this case as a quorum. 28 U.S.C. § 46(d).
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PER CURIAM:
Stewart A. Merkin (“Merkin”) appeals the district court’s entry of summary
judgment in favor of the Securities and Exchange Commission on its claims of
securities fraud in violation of federal securities law. On appeal, Merkin argues
that the district court erred by ignoring key exculpatory evidence and overlooking
genuine factual disputes with regard to each of the elements of securities fraud.
After careful consideration of the record and the parties’ briefs, and with the
benefit of oral argument, we agree with the decision of the district court and thus
AFFIRM.
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