Charles Phillip ELLIOTT, Petitioner, v. Sec. & Exch. Comm'n, Respondent, 36 F.3d 86 (11th Cir. 1994). · Go Syfert
Charles Phillip ELLIOTT, Petitioner, v. Sec. & Exch. Comm'n, Respondent, 36 F.3d 86 (11th Cir. 1994). Cases Citing This Book View Copy Cite
11 citation events (8 in the last 25 years) across 4 distinct courts.
Strongest positive: Siris v. Securities & Exchange Commission (cadc, 2014-12-02)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Siris v. Securities & Exchange Commission
D.C. Cir. · 2014 · confidence medium
See Amador Cnty. v. Salazar, 640 F.3d 373, 384 (D.C.Cir.2011); see also SEC v. Citigroup Global Mkts., Inc., 752 F.3d 285, 295 (2d Cir.2014); Elliott v. SEC, 36 F.3d 86, 87 (11th Cir.1994) (per curiam).
discussed Cited as authority (rule) Armstrong v. Securities & Exchange Commission
D.C. Cir. · 2012 · confidence medium
Blinder, Robinson & Co. v. SEC, 837 F.2d 1099, 1108 (D.C.Cir.1988) (holding that “an attack on the validity of [an underlying] proceeding” that could have been raised in the convicting jurisdiction “is doomed to fail”); Elliott v. SEC, 36 F.3d 86, 87 (11th Cir.1994) (per curiam) (refusing in an analogous follow-on proceeding to “entertain the collateral attack on the criminal conviction”).
discussed Cited as authority (rule) Phillip M. Branch, Sr. v. Shirley Franklin
11th Cir. · 2008 · confidence medium
See Austin v. United States, 509 U.S. 602, 608 , 113 S.Ct. 2801 , 125 L.Ed.2d 488 (1993) (“[t]he protections provided by the Sixth Amendment are explicitly confined to ‘criminal prosecutions.’ ”); Elliott v. S.E.C., 36 F.3d 86, 88 (11th Cir.1994) (stating that “there is no statutory or constitutional right to counsel in an administrative proceeding of this kind”); see also M.L.B. v. S.L.J., 519 U.S. 102, 113 , 117 S.Ct. 555 , 136 L.Ed.2d 473 (1996) (under Sixth Amendment, “[a] State must provide trial counsel for an indigent defendant charged with a felony, but that right does no…
discussed Cited as authority (rule) Donald T. SHELDON, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent (2×)
11th Cir. · 1995 · confidence medium
See 15 U.S.C. § 78y; Elliott v. SEC, 36 F.3d 86, 87 (11th Cir.1994); see also Steadman v. SEC, 450 U.S. 91 , 96 n. 12, 101 S.Ct. 999 , 1005 n. 12, 67 L.Ed.2d 69 (1981).
cited Cited "see" Daniel Imperato v. U.S. Securities and Exchange Commission
11th Cir. · 2017 · signal: see · confidence high
See Elliott v. SEC, 36 F.3d 86, 87 (11th Cir. 1994) (per curiam) (rejecting a petitioner’s collateral attack on his criminal conviction and injunction); see also Siris v. SEC, 773 F.3d 89, 95 (D.C.
cited Cited "see" Daniel Imperato v. U.S. Securities and Exchange Commission
11th Cir. · 2017 · signal: see · confidence high
See Elliott v. SEC, 36 F.3d 86, 87 (11th Cir. 1994) (per curiam) (rejecting a petitioner’s collateral attack on his criminal conviction and injunction); see also Siris v. SEC, 773 F.3d 89, 95 (D.C.
discussed Cited "see" Seghers v. Securities & Exchange Commission
D.C. Cir. · 2008 · signal: see · confidence high
Id. at 12-13; see Elliott v. SEC, 36 F.3d 86, 87 (11th Cir.1994) (finding conviction of serious violations of securities laws sufficient in itself to support SEC’s conclusion that permanent bar was in public interest).
discussed Cited "see, e.g." Stevenson v. Willis
N.D. Ohio · 2008 · signal: see also · confidence medium
Accord, Hostetler v. City of Perrysburg, 998 F.Supp. 820, 823 (N.D.Ohio, 1998) (dictum) (Carr, J.); see also Elliott v. SEC, 36 F.3d 86, 87 (11th Cir.1994) (“An agency may combine investigative, adversarial, and adjudicative functions, as long as no employees serve in dual roles.”); 5 U.S.C.A. § 554 (d) (prohibiting an “employee or agent” engaged in investigation or prosecution from participating or advising on the decision in that case or a factually related case).
Retrieving the full opinion text from the archive…
Fed. SEC. L. Rep. P 98,497 Charles Phillip Elliott
v.
Securities and Exchange Commission
92-3254.
Court of Appeals for the Eleventh Circuit.
Aug 18, 1994.
36 F.3d 86
Charles Phillip Elliott, pro se., William F. Johnson, Office of Gen. Counsel, Jacob H. Stillman, Brian D. Bellardo, S.E.C., Washington, DC, for respondent.
Tjoflat, Anderson, Dubina.
Cited by 9 opinions  |  Published
PER CURIAM:

The Securities and Exchange Commission (SEC) barred Petitioner Charles Phillip Elliott from associating with any securities broker or dealer. Elliott now brings an appeal to this court under 15 U.S.C. § 78y(a)(l). We affirm.

The SEC may bar a person from associating with securities brokers or dealers if, inter alia, the person has been enjoined from activities involving the purchase or sale of securities or has been convicted within the past 10 years of certain enumerated crimes including mail or securities fraud, if the SEC finds that such a bar would be in the public interest. 15 U.S.C. § 78o(b)(6)(A)(ii) & (in). Elliott had operated and controlled several closely related financial services businesses in the 1980s. After an investigation, the SEC sued Elliott in federal court for injunc-tive relief in 1987, alleging violations of various provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934. Elliott, without admitting guilt, consented to the entry of an injunction barring further securities law violation; he also consented to the appointment of a receiver to take control of his companies and distribute assets to investors. Three years later, Elliott was convicted of 37 counts of mail and securities fraud, based principally on the conduct alleged in the SEC’s earlier complaint for in-junctive relief. The SEC then filed the current action to bar Elliott from associating with any securities broker or dealer.

After an evidentiary hearing, an administrative law judge determined that Elliott’s conviction and the injunction provided adequate grounds for imposition of the bar. The SEC reviewed the matter de novo and affirmed. Elliott now raises a number of issues on appeal. We will uphold the SEC’s findings of fact if they are supported by substantial evidence. 15 U.S.C. § 78y(a)(4).

Elliott first claims that his conviction was invalid. However, he has an avenue for challenging his conviction in a direct criminal appeal, which is currently pending. It is beyond question that he is within the category of those who may be barred; he has been convicted of specified offenses within the past 10 years. Nothing in the statute’s language prevents a bar to be entered if a criminal conviction is on appeal. We will not entertain the collateral attack on the criminal conviction.

Elliott’s attack on the injunction as support for the bar also must fail. Under the statutory language, existence of the injunction provides a ground for the bar adequate in itself and independent from the criminal conviction. The fact that Elliott consented to the injunction without admitting guilt does not prevent the use of the injunction as support for the bar. His complaint that the receiver took control of his assets without a prior hearing ignores the fact that he consented to the appointment of the receiver.

We also must reject arguments by Elliott that the SEC erred in finding that a bar would be in the public interest. He has been convicted of serious violations of the securities laws; this in itself is sufficient to support the SEC’s conclusion.

Elliott’s complaint that the SEC improperly acted as both “enforcer and arbiter” is meritless. Congress specifically provided for the procedures used in this case. See 15 U.S.C. §§ 78o, 78u, 78v; see also 5 U.S.C. § 554 et seq. (Administrative Procedure Act). An agency may combine investigative, adversarial, and adjudicative functions, as long as no employees serve in dual roles. Elliott makes no assertions of any SEC employee filling such dual roles.

[*88] Petitioner next argues that the SEC erred in denying his motion to compel production of the receiver’s “final report,” which he claims would be exculpatory. However, in regard to this and other documents mentioned, Elliott has failed to assert the manner in which they may be exculpatory, beyond making broad general statements. This contention is also without merit.

Elliott asserts prejudice due to his lack of representation by counsel during the administrative proceeding. This argument must be rejected, as there is no statutory or constitutional right to counsel in an administrative proceeding of this kind. Feeney v. SEC, 564 F.2d 260, 262 (8th Cir.1977), cert. denied, 435 U.S. 969, 98 S.Ct. 1608, 56 L.Ed.2d 60 (1978); see also United States v. Rogers, 534 F.2d 1134, 1135 (5th Cir.), cert. denied, 429 U.S. 940, 97 S.Ct. 355, 50 L.Ed.2d 309 (1976) (no Sixth Amendment right to counsel in civil cases). [1]

In sum, we find all of the contentions made in Elliott’s various findings to be without merit. The judgment of the SEC is therefore

AFFIRMED.

1

. This case was decided prior to the close of business on September 30, 1981, and is binding precedent under Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981).