Securities and Exchange Commis v. Oliver Hilsenrath

MEMORANDUM

Oliver Hilsenrath (“Hilsenrath”) was the President, Chief Executive Officer and Director of U.S. Wireless Corporation (“Wireless”) from 1996 until 2001, when Wireless’s Board of Directors removed him for irregularities in the company’s annual reports. Hilsenrath subsequently pled guilty to one count each of securities fraud and tax evasion. The district court then awarded the Securities and Exchange Commission (“SEC”) summary judgment in its parallel civil enforcement action based on this guilty plea and other evidence. Hilsenrath appeals both the summary judgment and the penalties assessed against him.

We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 , and we affirm the district court.

The facts of this case are known to the parties. We do not repeat them.

I

We review the award of summary judgment de novo. SEC v. Talbot, 530 F.3d 1085, 1090 (9th Cir.2008). We review all other issues in this appeal for abuse of discretion. SEC v. Global Express Capital Real Estate Inv. Fund, I, LLC, 289 Fed. Appx. 183, 189 (9th Cir.2008); Blue Cross & Blue Shield of Ala. v. Unity Outpatient Surgery Ctr., 490 F.3d 718, 724 (9th Cir. 2007); Ralston-Purina Co. v.…