Rita J. M Cconville v. United States Securities and Exchange Commission

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 17, 2007
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 05-3510
RITA J. M C CONVILLE,
Petitioner,
v.
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,
Respondent.
Petition for Review of an Order of the
Securities and Exchange Commission
No. 3-11330
O R D E R
On November 27, 2006, McConville filed a petition for rehearing en banc. On consideration
of the petition for rehearing, the slip opinion issued in the above-entitled cause on October 11, 2006
is hereby amended as follows. On page 11, the following footnote is added to the paragraph that
currently ends with “Id. at 142.”:
McConville is not being found liable under an aiding and abetting theory of liability.
It should be noted, however, that the Securities Exchange Act provides that in certain
actions brought by the SEC, liability attaches to “any person that knowingly provides
substantial assistance to another” in violation of the statute. See 15 U.S.C. § 78t(e).
Congress enacted this provision subsequent to the Supreme Court’s decision in
Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., which holds
that there is no aiding and abetting liability in private actions under § 10(b) and Rule

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No. 05-3510 Page 2
10b-5. See 511 U.S. 164, 191 (1994).
In all other respects, the members of the original panel have voted to DENY the petition for
rehearing. No judge in regular active service requested a vote on the petition for rehearing en banc.
Accordingly, the petition for rehearing is DENIED .

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