TABLE 23.-Cases in which the Commission participated as inter venor or as amicus curiae, pending during the fiscal year ended Nature and status of case Dec. Action under Sec. 20(c) and 10(b) of the 1934 Act, and Rule 10b-5 thereunder, alleging that the plaintiff An action based upon Sec. 16(b) of the 1934 Act, in which recovery was denied for "short swing" profits Action under the Investment Company Act of 1940, in connection with petition for rehearing since there is Action under Secs. 20(a), 36 and 37 of the Investment Company Act of 1940. Commission's memorandum Shareholder class action under Sec. 10(b) of the 1934 Act, and Sec. 12(2) and 17(a) of the 1933 Act, in which Brouk, J. John, et al., v. 18th Circuit.. Feb. 8, 1961 May 3, 1961 5th Circuit. the State of Delaware. Mar. 31, 1961 Action on questions relating to various Sections of the 1933 Act. Notice of appeal filed July 23, 1960, Court of Chancery of Mar. 30, 1962 Action in which Chancellor Seitz decided that the Keystone Funds' principal underwriting contract Sawyer, Harriet B., v. Pio- 9th Circuit. neer Mill Co., Ltd., et al. Mar. 28, 1961 Action in which the Commission appears as amicus curiae to insure the right and duty of registered stock An action based upon alleged violations of Sec. 16(b) and (c) of the 1934 Act, in which recovery is sought Private action charging violations of Sec. 14(a) of the 1934 Act, and the Commission's proxy rules. Memo- Action concerning the question whether the complaint alleges a violation of Sec. 7(c) of the 1934 Act, and This action is one brought by the plaintiffs derivatively and representatively as stockholders of Investors TABLE 24.-Reorganization cases under Chapter X of the Bankruptcy Act pending during the fiscal year ended June 30, 1962, in which the Commission participated when district court orders were challenged in appellate courts Name of case and U.S. Court of Appeals Coffeyville Loan and Investment Inland Gas Corp., et al., debtors; Green Committee, et al., appellants (6th Circuit). Los Angeles Trust Deed & Mortgage Exchange, debtor; Securities and Exchange Commission, appellants (9th Circuit). Parker Petroleum Co., Inc. (Occidental Petroleum Corp. v. Honorable Stephen S. Chandler) (10th Circuit). Selected Investments Corp., debtor; B. H. Carey, appellant (10th Circuit). TMT Trailer Ferry. Inc., debtor; Protective Committee for Independent Stockholders, Arthur H. Shaffer, M. James Spitzer, appellants (5th Circuit) USSC. Scranton Corp. and Hal Roach Studios, debtors; State of California, appellant (3d Circuit). Nature and status of case Appeal from order of Sept. 20, 1961, denying certain portions of appellant's claim against debtor. Commission's response in opposi tion filed Dec. 15, 1961. Order Dec. 26, 1961, denying petition for allowance of appeal. Closed. Notice of appeal filed by Colorado Trust Deed Funds, Inc., from an order entered Nov. 6, 1961, dismissing its petition for reorganization under Chapter X of the Bankruptcy Act. Briefs filed and hearing set for July 27, 1962. Pending. Appeal from order of Mar. 6, 1961, awarding supplemental allowances. Decision rendered affirming the order denying an additional allowance for services and expenses of the collateral trustee's application for certiorari. Closed. Appeal from order of Apr. 8, 1961, limiting the recovery of expenses by the Green Committee. Brief and appendix of appellee filed Nov. 2. 1961. Brief of the Commission filed Nov. 9, 1961. Oral argument held Mar. 26, 1962. Decision pending. Notice of appeal filed by Commission from order of the district court denying motion to dismiss Chapter XI proceedings under an amended petition to comply with provisions of Chapter X. Pending. Petition for writ of mandamus and/or prohibition filed by Occidental Petroleum Corporation for an order disqualifying Judge Chandler from proceedings on grounds of personal bias and prejudice. Petition for leave to amend and supplement petition for writ of mandamus filed Mar. 12, 1962, and granted Mar. 13, 1962. Memorandum of the Commission in opposition filed Apr. 9, 1962. Opinion per curiam granting petition Apr. 20, 1962. Petition for rehearing filed and denied June 1, 1962. Closed. Appeal from order of the district court denying appellant's compensation for legal services and reimbursement of expenses as attorney for debtor. Motion for dismissal of appeal filed by appellant due to satisfactory settlement negotiations. Commission's objections filed Nov. 1, 1961. Order Nov. 20, 1961, remanding case to district court. Pending. Appeal from order of Mar. 6, 1959, confirming trustee's plan of reorganization and various other orders dated Aug. 12, 1960. Aug. 15, 1960, Sept. 30, 1960, Dec. 22, 1960, Feb. 6, 1961, and Apr. 27, 1961. CA-5 on Sept. 9, 1960, denied motion of trustee to dismiss appeal. Order Oct. 4, 1960, consolidating appeals. Commission's telegram to the Court Jan. 25, 1961, in opposition to appellants' motion to file petition for writ of prohibition and/or mandamus. CA-5 Jan. 26, 1961, denied motion for leave to file petition. Commission's brief as appellee May 15, 1961, stating that the order of the District Court entered Aug. 15, 1960, vacating the order of confirmation of Mar. 6. 1959, should be affirmed or the order of confirmation of the District Court entered Mar. 6, 1959, should be reversed, filed. Briefs and reply briefs filed. Opinion July 7, 1961, by CA-5 affirming the order of the distrcit court vacating a previous order confirming a plan of reorganization under Chapter X. Petition for rehearing filed July 7, 1961, and denied Aug. 18, 1961. Motion by appellants to stay issuance of mandate and denied Sept. 19, 1961. Petition for writ of certiorari filed Nov. 13, 1961, and denied Jan. 8, 1962. Closed. Appeal filed March 9. 1962, from order of Court approving sale of assets of Hal Roach Studios pursuant to Sec. 116(3) of Chapter X proceedings. Pending. TABLE 25.-A 29-year summary of criminal cases developed by the Commissionfiscal years 1934-1962 [See table 26 for classification of defendants as broker-dealers, etc.] 1 The number of defendants in a case is sometimes increased by the Department of Justice over the number against whom prosecution was recommended by the Commission. Also more than 1 indictment may result from a single reference. 2 See table 13 for breakdown of pending cases. 3 32 of these references as to 121 proposed defendants were still being processed by the Department of Justice as of the close of the fiscal year, and also 8 of the prior years references as to 74 proposed defendants. 4 638 of these cases have been completed as to 1 or more defendants. Convictions have been obtained in 548 or 86 percent of such cases. Only 91, or 14 percent, of such cases have resulted in acquittals or dismissals as to all defendants, this includes numerous cases in which indictments were dismissed without trial because of the death of defendants or for other administrative reasons. See note 5, infra. Includes 72 defendants who died after indictment. TABLE 26.—A 29-year summary classifying all defendants in criminal cases developed by the Commission-1934 to June 30, 1962 1 Includes persons registered at or prior to time of indictment. 2 The persons referred to in this column, while not engaged in a general business in securities, were almost without exception prosecuted for violations of law involving securities transactions. TABLE 27.—A 29-year summary of all injunction cases instituted by the Commission, 1934 to June 30, 1962, by calendar year 1 These columns show disposition of cases by year of disposition and do not necessarily reflect the disposition of the cases shown as having been instituted in the same years. * Includes 26 cases which were counted twice in this column because injunctions against different defendants in the same cases were granted in different years. Includes 94 defendants in 13 cases in which injunctions have been obtained as to 36 codefendants. Includes (a) actions dismissed (as to 611 defendants); (b) actions discontinued, abated, vacated, abandoned, stipulated, or settled (as to 55 defendants); (c) actions in which judgment was denied (as to 12 defendants); (d) actions in which prosecution was stayed on stipulation to discontinue misconduct charged (as to 4 defendants). O |