District Court, S.D. New York November 21, 1996, 96 Civ. 336 (AGS) (Securities & Exchange Commission v. Feminella)

OPINION and ORDER

SCHWARTZ, District Judge:

This Securities and Exchange Commission enforcement action is before the Court upon defendant Stanley J. Feminella’s motion to dismiss, pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b). Oral argument was held on this motion on September 27, 1996. For the reasons that follow, defendant’s motion is denied.