Michael Lauer

Litigation Release No. 22355 / May 2, 2012

SEC, Plaintiff-Appellee v. Michael Lauer Defendant-Appellant, United States Court of Appeals for the Eleventh Circuit, Appeal No. 09-15138 (April 19, 2012)

SEC v. Michael Lauer, 003-80612-CV-KAM (S.D. FL)

Eleventh Circuit Court of Appeals Affirms the District Court's Order Granting Summary Judgment Against Michael Lauer and Ordering Him to Pay More Than $62 Million

The United States Court of Appeals for the Eleventh Circuit has affirmed the District Court's grant of summary judgment against Michael Lauer, who controlled several hedge funds. The Eleventh Circuit held that the District Court "had before it overwhelming evidence of Lauer's knowing false statements." The Eleventh Circuit also found that the District Court did not abuse its discretion in ordering Lauer to disgorge more than $62 million. In addition, the Eleventh Circuit affirmed the District Court's decisions denying Lauer's repeated efforts to modify the asset freeze and change venue.

On September 23, 2008, the Honorable Kenneth A. Marra, United States District Judge for the Southern District of Florida, granted in part the Commission's motion for summary judgment against Michael Lauer, the architect of a more than $500 million hedge fund fraud. The Court also permanently enjoined Lauer from further violating Sections 17(a) of the Securities Act of 1933; Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 (Exchange Act), both individually and as a control person pursuant to Section 20(a) of the Exchange Act; and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. In addition, on May 7, 2009, the judge ordered Lauer to pay disgorgement of $43,688,249, representing illegally obtained monies and prejudgment interest of $18,908,558.74. In addition, on August 17, 2009, the Court imposed a $500,000 civil penalty against Lauer.

For more information on earlier actions in this case, see LR-18226 (July 10, 2003), LR-18247 (July 23, 2003), LR-18991 (December 2, 2004), LR-19018 (December 30, 2004) and LR-19019 (December 30, 2004); LR-19042 (January 21, 2005), LR-19186 (April 15, 2005); LR-19590 (March 6, 2006); LR-19661 (April 18, 2006); LR-20505 (March 21, 2008); LR-20751 (Sept. 29, 2008); LR-21046 (May 19, 2009); LR-21211 (Sept. 16, 2009); and LR-21394 (Jan. 25, 2010).