context: In order to obtain permanent injunctive relief in an action under Section 6c of the Act, the Commission must not only establish that a violation of the Act has occurred, but also that there is a reasonable likelihood of future violations. To be sure, while past misconduct does not require the conclusion that there is a likelihood of future misconduct, it is "highly suggestive of the likelihood of future violations."
citation_a.signal: cf.
citation_a.identifier: 650 F.2d 718, 720
citation_a.parenthetical: "the [Securities and Exchange] Commission is entitled to prevail when the inferences flowing from the defendant's prior illegal conduct, viewed in light of the present circumstances, betoken a 'reasonable likelihood' of future transgressions"
citation_a.sentence: Hunt, 591 F.2d at 1220; see also CFTC v. Am. Metals Exch. Corp., 693 F.Supp. 168, 191 (D.N.J.1988) (“The likelihood of future violations may be inferred from past infractions based upon consideration of the totality of the circumstances to determine if the past infraction was an isolated occurrence as opposed to an indication of a systematic and continuous pattern of wrongdoing.”) (Citation omitted); Cf. SEC v. Zale Corp., 650 F.2d 718, 720 (5th Cir.1981) (“the [Securities and Exchange] Commission is entitled to prevail when the inferences flowing from the defendant’s prior illegal conduct, viewed in light of the present circumstances, betoken a ‘reasonable likelihood’ of future transgressions”), cert. denied sub nom., 454 U.S. 1124, 102 S.Ct. 973, 71 L.Ed.2d 111 (1981) (citations omitted); Hunt, 591 F.2d, at 1219-20 (reversing the district court’s denial of injunctive relief, and stating that a court of appeals should not hesitate “to reverse an order denying [injunctive] relief when it is evident that the trial court’s discretion has not been exercised to effectuate the manifest objectives of the specific legislation involved”) (internal quotation marks and citation omitted).
citation_b.signal: see also
citation_b.identifier: 693 F.Supp. 168, 191
citation_b.parenthetical: "The likelihood of future violations may be inferred from past infractions based upon consideration of the totality of the circumstances to determine if the past infraction was an isolated occurrence as opposed to an indication of a systematic and continuous pattern of wrongdoing."
citation_b.sentence: Hunt, 591 F.2d at 1220; see also CFTC v. Am. Metals Exch. Corp., 693 F.Supp. 168, 191 (D.N.J.1988) (“The likelihood of future violations may be inferred from past infractions based upon consideration of the totality of the circumstances to determine if the past infraction was an isolated occurrence as opposed to an indication of a systematic and continuous pattern of wrongdoing.”) (Citation omitted); Cf. SEC v. Zale Corp., 650 F.2d 718, 720 (5th Cir.1981) (“the [Securities and Exchange] Commission is entitled to prevail when the inferences flowing from the defendant’s prior illegal conduct, viewed in light of the present circumstances, betoken a ‘reasonable likelihood’ of future transgressions”), cert. denied sub nom., 454 U.S. 1124, 102 S.Ct. 973, 71 L.Ed.2d 111 (1981) (citations omitted); Hunt, 591 F.2d, at 1219-20 (reversing the district court’s denial of injunctive relief, and stating that a court of appeals should not hesitate “to reverse an order denying [injunctive] relief when it is evident that the trial court’s discretion has not been exercised to effectuate the manifest objectives of the specific legislation involved”) (internal quotation marks and citation omitted).