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COURT OF APPEALS FOR THE FIFTH CIRCUIT
Higginbotham, Smith, Higginson
SEC v. Novinger


Advocates:
Jerry E. Smith

Christopher Novinger and ICAN Investment Group, L.L.C., entered into consent decrees with the SEC in 2016 as a result of a civil enforcement suit.1 Codified in the Code of Federal Regulations and common practice for SEC enforcements, the consent decrees prohibit defendants from casting _____________________ 1 Novinger is a principal and managing member of ICAN. He and the investment group raise the same claims, and the decrees against them do not differ significantly. We refer to both defendants as Novinger. Case: 23-10525 Document: 57-1 Page: 2 Date Filed: 03/19/2024 No. 23-10525 doubt on the validity of the SEC’s investigation into or enforcement against them. See 17 C.F.R. § 202.5 . Additionally, defendants may not proclaim their lack of guilt unless they also indicate their lack of innocence. Five years later, dissatisfied with the benefit of his bargain, Novinger sought judicial review of the decree, contending that it violated his First Amendment rights as a prior restraint that improperly compelled his speech. So, he sought relief from judgment under Federal Rule of Civil Pr

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