122780P.pdf   07/29/2013  SEC  v.  Stormy Dean
   U.S. Court of Appeals Case No:  12-2780
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Beam and Melloy, Circuit Judges] 
   Civil case - SEC Enforcement Action. Defendant waived any challenge to the 
   sufficiency of the evidence because he failed to file a postverdict motion 
   under Rule 50(b) after the district court denied his Rule 50(a) motion; 
   challenges to admission of SEC's expert's testimony regarding whether 
   defendant's company misstated perquisite compensation paid to its CEO and 
   related party transactions involving the CEO's separate business interests 
   rejected; the jury was properly instructed regarding the SEC's Rule 13b2-1 
   and 13b2-2 claims; the SEC's request that the court vacate the judgment 
   against defendant regarding the SEC's 13(b)(5) claim is granted, as the 
   jury instruction set forth conflicting standards for evaluating 
   defendant's conduct, and it is not clear whether the jury made the 
   necessary findings to support the 13(b)(5) verdict; the the district court 
   erred by finding defendant acted in bad faith toward the company's 
   shareholders as this issue was not before the jury and was not raised by 
   either the SEC nor defendant's company. Because the court has vacated this 
   finding and the Rule 13(b)(5)verdict, the matter must be remanded to the 
   district court for reconsideration of the civil penalties imposed.