Here is a breakdown of the key ruling dates, procedural milestones, and competing legal arguments in Timothy Barton’s Fifth Circuit civil appeals regarding the SEC’s asset freeze and receivership ( SEC v. Barton ):
Fifth Circuit Civil Appeal Key Ruling & Procedural Timeline
August 31, 2023 — Initial Vacatur of Receivership ( SEC v. Barton , 79 F.4th 573): The Fifth Circuit vacated U.S. District Judge Brantley Starr’s original October 2022 order appointing receiver Cortney Thomas over all Barton-controlled entities. The panel stayed its vacatur for 90 days to allow the SEC to seek a new receivership under proper standards.
November 29, 2023 — District Court Remand Orders: Judge Starr issued a series of orders: Appointing a new receiver over 54 entities found to have "received or benefited from" ill-gotten investor funds.
Entering a preliminary injunction freezing all assets of Barton-controlled entities not placed in receivership.
Ratifying prior acts of the receiver and prior orders nunc pro tunc…