U.S.-District-Court

June 17, 2013 9:05 AM
Jim E. Winburn, Staff Writer

VICTORVILLE • The city, airport authority, and a city official responded to the U.S. Securities and Exchange Commission’s April 29 charges of alleged fraud with motions to dismiss.

The City of Victorville, the Southern California Logistics Airport Authority, and Keith Metzler, who is assistant city manager and assistant executive director of the airport authority, filed a motion last week to dismiss the first, second, and seventh claims for relief, and to dismiss the prayer for disgorgement, which is a form of relief that seeks restitution of ill-gotten profits from security law violators.

The defendants all requested the claims to be dismissed “on the grounds that the complaint fails to state a claim for these violations,” according to the motions.

As alleged in the SEC complaint, the first claim asks for relief for fraud in connection with the purchase or sale of securities; the second claim requests relief for fraud in the offer or sale of securities; and the seventh claim asks for relief for aiding-and-abetting violations of the Exchange Act.

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