Court of Appeals for the Ninth Circuit September 29, 2003, 00-71398 (Russell Ponce v. Securities & Exchange Commission)

OPINION

FERGUSON, Circuit Judge:

Petitioner Russell Ponce (“Ponce”) petitions for review of the Securities and Exchange Commission (“SEC”)’s ruling that he (1) violated the Securities Exchange Act of 1934 (“Exchange Act”), Section 10(b) and Rule 10b-5 thereunder, by preparing and certifying financial statements of American Aircraft Corporation (“AAC”), filed with the SEC, that Ponce knew, or was