SEC v. SILVER POINT CAPITAL, No. 3:24-cv-02018, District of Connecticut (Dec. 20, 2024)
raw: SEC v. Silver Point Capital
SEC v. Silver Point Capital, No. 3:24-cv-02018 (Dec. 20, 2024)
The SEC and Silver Point Capital, L.P. entered a joint stipulation to dismiss a civil enforcement action with prejudice.
The SEC filed a civil enforcement action against Silver Point Capital, L.P. on December 20, 2024. The parties agreed to a joint stipulation to dismiss the litigation with prejudice and without costs or fees to either party. As part of the agreement, the defendant waived all rights to seek reimbursement for attorney's fees or other litigation-related expenses.
The Securities and Exchange Commission (SEC) and Silver Point Capital, L.P. have reached a resolution regarding a civil enforcement action filed on December 20, 2024. Through a joint stipulation filed in the District of Connecticut, the parties agreed to dismiss the litigation with prejudice. The dismissal covers all conduct alleged in the original complaint through the date of the stipulation. Under the terms of the agreement, Silver Point waived its rights to seek reimbursement for legal fees or costs under the Equal Access to Justice Act. Additionally, the defendant released all claims against the Commission and its officers arising from the litigation. The agreement was finalized without costs or fees being awarded to either party.
Extracted insights
- person andrew j. ceresney
- person antonia m. apps
- company defendant silver point capital, l.p.
- person michael c. moran
- person samuel j. waldon
- agency Securities and Exchange Commission
- person susan r. cooke
- person this litigation
- Securities And Exchange Commission Filed Complaint In This Civil Enforcement Action
- Defendant Silver Point Capital, L.P. Filed Answer To The Complaint
- Securities And Exchange Commission Seeks Dismissal Of This Case In The Exercise Of Its Discretion
- Securities And Exchange Commission Agrees To Dismiss This Litigation
- Commission And Defendant Stipulate To Dismiss Litigation With Prejudice
- Defendant Waives And Releases Rights Under Equal Access To Justice Act And Other Laws
- Defendant Releases Claims Against Commission And Its Officers Or Employees
- Samuel J. Waldon Acts As Director Division Of Enforcement
- Antonia M. Apps Acts As Deputy Director Division Of Enforcement
- Susan R. Cooke Serves As Counsel For Plaintiff
- Michael C. Moran Serves As Counsel For Plaintiff
- Andrew J. Ceresney Serves As Counsel For Defendant
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
Silver Point Capital, L.P.,
Defendant.
3:24-cv-02018-SVN
JOINT STIPULATION TO DISMISS, AND RELEASES
Plaintiff Securities and Exchange Commission (the “Commission” or the “SEC”) and
Defendant Silver Point Capital, L.P. (“Silver Point” or “Defendant”) respectfully submit this
joint stipulation.
WHEREAS, the Commission filed its complaint in this civil enforcement action (the
“Litigation”) on December 20, 2024.
WHEREAS, on February 18, 2025, Defendant filed its answer to the complaint.
WHEREAS, the Commission now seeks to dismiss this case in the exercise of its
discretion.
WHEREAS, the Commission’s decision to seek dismissal of this Litigation does not
necessarily reflect the Commission’s position on any other case.
WHEREAS, by this stipulation, the Commission and Defendant agree to have this
Litigation dismissed.
2
NOW, THEREFORE,
1.Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the Commission and Defendant
stipulate that this Litigation be dismissed with prejudice as to the conduct alleged in the
Complaint through the date of the filing of this Stipulation, and without costs or fees to either
party.
2. Defendant, for itself and any of its agents, attorneys, employees, or
representatives, hereby waives and releases:
a. Any and all rights under the Equal Access to Justice Act, the Small Business
Regulatory Enforcement Fairness Act of 1996, or any other provision of law to
seek from the United States, or any agency, or any official of the United States
acting in his or her official capacity, directly or indirectly, reimbursement of
attorney’s fees or other fees, expenses, or costs expended by Defendant that in
any way relate to the Litigation, including but not limited to investigative steps
taken prior to commencing the Litigation.
b. Any and all claims, demands, rights, and causes of action of every kind and
nature, asserted or unasserted, against the Commission and its present and
former officers or employees that arise from or in any way relate to the
Litigation, including, but not limited to, investigative steps taken prior to
commencing the Litigation.
3.Each of the undersigned represents that they have the authority to execute this
stipulation on behalf of the party so indicated.
STIPULATED AND AGREED:
____________________________
Samuel J. Waldon
Acting Director, Division of
Enforcement
Antonia M. Apps
Acting Deputy Director, Division of
Enforcement
SECURITIES AND EXCHANGE
COMMISSION
100 F Street, NE
Washington, DC 20549
Dated: , 2025
March 30
3
______________________________
Susan R. Cooke
Michael C. Moran
SECURITIES AND EXCHANGE
COMMISSION
33 Arch Street, 24th Floor
Boston, MA 02110
(617) 573-8900
[email protected]
[email protected]
Counsel for Plaintiff
___________________________
Andrew J. Ceresney
DEBEVOISE & PLIMPTON LLP
66 Hudson Boulevard
New York, NY 10001
(212) 909-6000
[email protected]
Counsel for Defendant
Dated: __________________, 2025
Dated: March 6, 2025
March 31UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
Silver Point Capital, L.P.,
Defendant.
3:24-cv-02018-SVN
JOINT STIPULATION TO DISMISS, AND RELEASES
Plaintiff Securities and Exchange Commission (the “Commission” or the “SEC”) and
Defendant Silver Point Capital, L.P. (“Silver Point” or “Defendant”) respectfully submit this
joint stipulation.
WHEREAS, the Commission filed its complaint in this civil enforcement action (the
“Litigation”) on December 20, 2024.
WHEREAS, on February 18, 2025, Defendant filed its answer to the complaint.
WHEREAS, the Commission now seeks to dismiss this case in the exercise of its
discretion.
WHEREAS, the Commission’s decision to seek dismissal of this Litigation does not
necessarily reflect the Commission’s position on any other case.
WHEREAS, by this stipulation, the Commission and Defendant agree to have this
Litigation dismissed.
Case 3:24-cv-02018-SVN Document 25 Filed 04/04/25 Page 1 of 3
2
NOW, THEREFORE,
1. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the Commission and Defendant
stipulate that this Litigation be dismissed with prejudice as to the conduct alleged in the
Complaint through the date of the filing of this Stipulation, and without costs or fees to either
party.
2. Defendant, for itself and any of its agents, attorneys, employees, or
representatives, hereby waives and releases:
a. Any and all rights under the Equal Access to Justice Act, the Small Business
Regulatory Enforcement Fairness Act of 1996, or any other provision of law to
seek from the United States, or any agency, or any official of the United States
acting in his or her official capacity, directly or indirectly, reimbursement of
attorney’s fees or other fees, expenses, or costs expended by Defendant that in
any way relate to the Litigation, including but not limited to investigative steps
taken prior to commencing the Litigation.
b. Any and all claims, demands, rights, and causes of action of every kind and
nature, asserted or unasserted, against the Commission and its present and
former officers or employees that arise from or in any way relate to the
Litigation, including, but not limited to, investigative steps taken prior to
commencing the Litigation.
3. Each of the undersigned represents that they have the authority to execute this
stipulation on behalf of the party so indicated.
STIPULATED AND AGREED:
____________________________
Samuel J. Waldon
Acting Director, Division of
Enforcement
Antonia M. Apps
Acting Deputy Director, Division of
Enforcement
SECURITIES AND EXCHANGE
COMMISSION
100 F Street, NE
Washington, DC 20549
Dated: , 2025 March 30
Case 3:24-cv-02018-SVN Document 25 Filed 04/04/25 Page 2 of 3
3
______________________________
Susan R. Cooke
Michael C. Moran
SECURITIES AND EXCHANGE
COMMISSION
33 Arch Street, 24th Floor
Boston, MA 02110
(617) 573-8900
[email protected]
[email protected]
Counsel for Plaintiff
___________________________
Andrew J. Ceresney
DEBEVOISE & PLIMPTON LLP
66 Hudson Boulevard
New York, NY 10001
(212) 909-6000
[email protected]
Counsel for Defendant
Dated: __________________, 2025
Dated: March 6, 2025
March 31
Case 3:24-cv-02018-SVN Document 25 Filed 04/04/25 Page 3 of 3