Daniel Calugar, founder of the now-defunct Security Brokerage, requested Wednesday that a Nevada court throw out the charges filed against him by the Securities and Exchange Commission.
Accused of making $175 million through illegal late trading and unethical market timing, Calugar said in a filing with the U.S. District Court in Las Vegas that the SEC has failed to present a strong enough case against him.
"The complaint does not contain any facts that remotely suggest Calugar intended to deceive fund shareholders or that he knew of a danger that he would mislead anyone," the Las Vegas lawyer's motion said, adding that some of the SEC charges were "half-hearted."
From 2001 to September 2003, the SEC charged on Dec. 23, Calugar conducted illegal and improper trades through Alliance Capital Management and Massachusetts Financial Services mutual funds. Both of those firms have settled with the SEC for their roles in the mutual fund scandal.
The charges against Calugar forced the closing of Security Trust late in 2003.