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SEC v RITA VILLA Click to find out why . . .



Keywords & Phrases
CaseNo: 34-39518, Defendant: Rita Villa, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-39518, Law Judge, Proceeding, Former Rule, Villa, Credits, Reinsurance, Motion, Dismiss, Commission, Practice, Officer, Statutory, Fch, Insurance, Surplus, Reserve Credits, Disposition, Exchange Act, Findings, Fcl, Disallowance, Cdi, Insurance Company, Chief, Permit, California, Treaties, Securities, Directed Verdict , ContentID: 120247245

Case Documents
1 1998-01-06 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117395
12 pages
TXT
Total Documents: 1 document , 12 pages
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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
LAW JUDGE
PROCEEDING
FORMER RULE
VILLA
CREDITS
REINSURANCE
MOTION
DISMISS
COMMISSION
PRACTICE
OFFICER
STATUTORY
FCH
INSURANCE
SURPLUS
RESERVE CREDITS
DISPOSITION
EXCHANGE ACT
FINDINGS
FCL
DISALLOWANCE
CDI
INSURANCE COMPANY
CHIEF
PERMIT
CALIFORNIA
TREATIES
SECURITIES
DIRECTED VERDICT





                         SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.

     SECURITIES EXCHANGE ACT OF 1934
     Rel. No. 39518 / January 6, 1998

     Admin. Proc. File No. 3-8527

                                                      :
                   In the Matter of                   :
                                                      :
                      RITA VILLA                      :
                                                      :


     OPINION OF THE COMMISSION

          CEASE-AND-DESIST PROCEEDING

               Practice and Procedure

                    Dismissal at the Conclusion of the Proponent's Case

               Administrative law judge's grant of motion for "directed
verdict"
               at conclusion of Division's case permitted under the Rules
of
               Practice.  Determination to dismiss supported by the record.

               Held, this proceeding is dismissed.

     APPEARANCES:

          Andrew M. White, Eric N. Landau, and Amy W. Lasley, of
Christensen,
     White, Miller, Fink, Jacobs, Glaser & Shapiro, for Rita C. Villa

          Ricardo Nunez and Michael P. Moore, for the Commission's Division
of
     Enforcement.

     Appeal filed:  May 15, 1995
     Last brief filed:  November 9, 1995
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Practice and Procedure
  • Held, this proceeding is dismissed.
  • The Division of Enforcement alleged that Rita C. Villa caused First Capital Holdings Corp. to
  • At the close of the Division's case, Villa moved for a "directed verdict."
  • The law judge granted Villa's motion, concluding that the Division had failed to demonstrate
  • We granted the petition and further directed the parties to address whether a law judge may
  • Our findings are based on an independent review of the record, except with respect to those
  • At the time of the events in question, FCH had two principal subsidiaries, First Capital Life
  • Villa, a certified public accountant, was both controller and chief accounting officer of FCH.
  • Under both applicable state law and the terms of a credit agreement to which FCH was a party,
  • FCL used reinsurance treaties to increase its statutory surplus through "reserve credits."
  • At year-end 1990, absent the reserve credits claimed pursuant to its reinsurance treaties,
  • Beginning in the fall of 1990, the California Department of Insurance ("CDI") directly warned
  • CDI had made clear to various members of FCH and FCL senior staff that the CDI's disallowance
  • We conclude that former Rule of Practice 11permitted a law judge to grant a dispositive
  • The former rule did not provide a standard for evaluating such motions, and we are unaware of
  • This statement suffices to set forth the grounds of his decision for the benefit of the
  • If the hearing officer believes that final disposition of a proceeding is appropriate, the
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