SEC v. Michael Lauer, No. LR-19042, Southern District of Florida (Jan. 21, 2005) — Press Release
raw: Michael Lauer, et al.
Michael Lauer, et al., No. LR-19042 (Jan. 21, 2005)
Michael Lauer was ordered to show cause for civil contempt after willfully failing to appear for two court-ordered depositions in an ongoing SEC securities fraud case, with no new fraud allegations but strict enforcement of discovery compliance.
The U.S. Securities and Exchange Commission filed a contempt application against Michael Lauer for failing to appear at two court-ordered depositions on January 5 and 6, 2005, in violation of orders issued on December 22, 2004, and January 4, 2005. Lauer was a defendant in an underlying SEC securities fraud case, though the contempt filing did not allege new fraud or specify monetary amounts. On January 13, 2005, Magistrate Judge Ann E. Vitunac ordered Lauer to show cause within 10 days why he should not be held in civil contempt, with sanctions pending further court action.
Michael Lauer was named as a defendant in an SEC securities fraud enforcement action, though the January 2005 contempt filing did not introduce new fraud allegations. The SEC accused Lauer of willfully disobeying two court orders—issued on December 22, 2004, and January 4, 2005—that required him to appear for his duly noticed deposition. Despite these orders, Lauer failed to appear on January 5 and 6, 2005, prompting the SEC to file an Application for an Order to Show Cause for civil contempt. On January 13, 2005, Chief Magistrate Judge Ann E. Vitunac granted the SEC’s request and ordered Lauer to respond in writing within 10 days why he should not be held in contempt. The proceeding was procedural, focused solely on enforcing discovery compliance rather than adjudicating the merits of the underlying fraud case. No monetary penalties or final sanctions were imposed at this stage; the court’s action was aimed at compelling Lauer’s cooperation. The contempt motion referenced prior litigation releases from 2003 and late 2004, indicating an extended enforcement effort by the SEC. Lauer’s noncompliance risked further judicial sanctions, including potential fines or incarceration, if he failed to justify his absence.
Extracted insights
- person michael lauer
- agency Securities and Exchange Commission
- organization Securities and Exchange Commission
- Securities and Exchange Commission files contempt action against Michael Lauer
- Michael Lauer violated two court orders requiring him to appear for his deposition
- Securities and Exchange Commission announced that on January 11, 2005 it filed an Application for an Order to Show Cause regarding Michael Lauer
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 19042 / January 21, 2005 SECURITIES AND EXCHANGE COMMISSION V. MICHAEL LAUER, ET AL., Case No. 03-80612-CIV-MARRA/VITUNAC (S.D. Fla). SEC FILES CONTEMPT ACTION AGAINST MICHAEL LAUER FOR VIOLATING TWO COURT ORDERS REQUIRING HIM TO APPEAR FOR HIS DEPOSITION The Securities and Exchange Commission announced that on January 11, 2005, it filed with the United States District Court for the Southern District of Florida an Application for an Order to Show Cause Why Michael Lauer Should Not be Held in Civil Contempt for Violating the Court's December 22, 2004 and January 4, 2005 Orders Requiring Him to Appear for his Duly Noticed Deposition. The Commission's contempt application asserts that despite two court orders requiring Lauer to appear for his duly noticed deposition, Lauer failed to appear for his deposition on January 5, 2005 and January 6, 2005. The Commission is seeking to have the Court hold Lauer in civil contempt and sanction him. On January 13, 2005, Chief United States Magistrate Judge Ann E. Vitunac granted the Commission's Application and ordered Lauer to show cause in writing within 10 days why the Court should not recommend to the District Court that Lauer be held in civil contempt for violating the Orders. For further information, see Litigation Release No. 18226 (July 10, 2003), Litigation Release No. 18247 (July 23, 2003), Litigation Release No. 18991 (December 2, 2004), Litigation Release No. 19018 (December 30, 2004) and Litigation Release No. 19019 (December 30, 2004).
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 19042 / January 21, 2005 SECURITIES AND EXCHANGE COMMISSION V. MICHAEL LAUER, ET AL., Case No. 03-80612-CIV-MARRA/VITUNAC (S.D. Fla). SEC FILES CONTEMPT ACTION AGAINST MICHAEL LAUER FOR VIOLATING TWO COURT ORDERS REQUIRING HIM TO APPEAR FOR HIS DEPOSITION The Securities and Exchange Commission announced that on January 11, 2005, it filed with the United States District Court for the Southern District of Florida an Application for an Order to Show Cause Why Michael Lauer Should Not be Held in Civil Contempt for Violating the Court's December 22, 2004 and January 4, 2005 Orders Requiring Him to Appear for his Duly Noticed Deposition. The Commission's contempt application asserts that despite two court orders requiring Lauer to appear for his duly noticed deposition, Lauer failed to appear for his deposition on January 5, 2005 and January 6, 2005. The Commission is seeking to have the Court hold Lauer in civil contempt and sanction him. On January 13, 2005, Chief United States Magistrate Judge Ann E. Vitunac granted the Commission's Application and ordered Lauer to show cause in writing within 10 days why the Court should not recommend to the District Court that Lauer be held in civil contempt for violating the Orders. For further information, see Litigation Release No. 18226 (July 10, 2003), Litigation Release No. 18247 (July 23, 2003), Litigation Release No. 18991 (December 2, 2004), Litigation Release No. 19018 (December 30, 2004) and Litigation Release No. 19019 (December 30, 2004).