Event and Time
Event Description
- The SEC commenced civil proceedings against Eric Pulier in the U.S. District Court in California concerning the purchase of ServiceMesh by Computer Sciences Corporation.
- The SEC alleges Mr. Pulier fraudulently inflated payments using bribes and defrauded CSC in violation of U.S. securities laws.
- A summons under s 32 of the Evidence on Commission Act 1995 was submitted to expedite the hearing of relevant applications due to impending deadlines related to discovery in the U.S. Proceedings.
Application and Claims
- SEC filed a summons on August 19, 2020, to expedite the hearing citing urgency tied to the upcoming discovery deadline of October 16, 2020.
- Claims focused on the urgency due to potential loss of witness testimony and public importance given the serious nature of the allegations, involving significant amounts of money and breaches of U.S. securities laws.
Judicial Decisions
- The court decided to expedite the hearing of the plaintiff’s summons filed on August 19, 2020.
- Costs incurred due to the expedited motion were ruled to be borne as costs in the cause.
Dispute Points and Legal Basis
Dispute Points
- SEC Claims:
- Mr. Pulier engaged in fraud affecting the purchase agreement and manipulated financial processes for illegal gain. - The need for urgent hearings to obtain evidence crucial to the U.S. Proceedings.
- Mr. Pulier's Defense:
- Opposed the expedition largely citing potential oppression due to his preparation for concurrent criminal trials. - Suggested that delay in filing the summons indicated lack of urgency, contradicting requests for expedition.
- Witnesses and Other Parties:
- 10 witnesses subject to the application for expedition had varied stances but generally did not express outright opposition to the expedited hearing, aside from Mr. Waldron's concerns.