Securities and Exchange Commission v. Romeril, No. 19-4197 (2d Cir. 2021)
Annotate this CaseThe Second Circuit affirmed the district court's order denying defendant's motion pursuant to Federal Rule of Civil Procedure 60(b)(4) for relief from judgment. In 2003, the SEC brought a civil enforcement action against defendant and, to resolve the matter, defendant consented to the entry of a final judgment against him, agreeing not to deny any of the factual allegations of the complaint. Almost 16 years later, defendant sought to invalidate the judgment on the basis that it incorporated a "gag order" that violated the First Amendment and his right to due process. The court agreed with the district court that defendant's motion fails on the merits because it does not allege either a jurisdictional or due process violation that would permit relief under Rule 60(b)(4).
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