Smith v. SEC (Joint Assets)
2011 WL 3437561 (2nd Cir. Aug. 8, 2011) (not yet published in F.3d)
Smith v. SEC is a useful case because it supports a court’s equitable power to order the turnover and sale of assets that are jointly owned and the court’s authority to find that assets titled only in the name of a spouse of a violator of the securities laws are in fact joint assets. The case on appeal involved the approval of a sale of a vacation home owned that had been previously found to be a joint asset by the district court although it was only titled in the name of the spouse of the wrongdoer.