Securities & Exchange Commission v. Huff’s Empirical Analysis
2010
Citation profile
Relationships
Applies 15 U.S.C. § 77A (§ 1 of the Securities Act of 1933) · 15 U.S.C. § 77Q (§ 17 of the Securities Act of 1933) · 15 U.S.C. § 77T (§ 20 of the Securities Act of 1933) · 15 U.S.C. § 78A (§ 1 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78T (§ 20 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78U (§ 21 of the Securities Exchange Act of 1934) · 26 U.S.C. § 6621
Relies on Basic Inc. v. Levinson · Havens Realty Corp. v. Coleman · Herman & MacLean v. Huddleston · Mahan & Rowsey, Inc. v. Oklahoma Natural Gas · Pelaes v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Here’s my concern. Right now, we have Mr. Huff here. He’s on the witness stand; he can be cross-examined. I can’t enable the SEC to cross-examine a piece of paper. While I have no problem with the underlying records which the SEC has a copy of anyway, although they have obtained them in a separate way, .... I would have concerns about representations that would come up afterwards because they would not be subject to cross-examination. So I would ask that any kind of representations that you would expect to be making or have Mr. Huff making, actually, that he make them at this time so that the SEC has [an] opportunity to cross-examine him. I think that’s only fair.”
1 later decision quote this exact passage“Q: Some of the accounting we have seen from the QuickBooks shows balance will accrue on accounts, a note receivable from Huff Farms, and then it will be reclassified as a write-off to Brian Sly. Does that make any sense to you? A: [Witness shaking head in the negative]. I, I, I think you are correct, that Tony Russo made some general entries and adjustments that might not be correct. But, you know, we are in the process, as soon as all of this is resolved, Midwest will be audited from front to back, and any of those, you know, entries will be corrected.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.