That would be BankAtlantic and its Chairman Alan Levan, who is not afraid to take things all the way.
Put it this way: forget bringing a gun to a knife fight, Alan does that one better -- he brings Gene Stearns!
Here BankAtlantic loses one in its battle with the SEC, with Judge Scola denying defense summary judgment motions and granting partial summary judgment to the SEC:
Defendants move for summary judgment on all of the SEC’s claims. The SEC moves for partial summary judgment on (1) the falsity of certain statements made by Levan during an earnings conference call in July 2007 and (2) Defendants’ first affirmative defense that they relied on the professional advice of their accountants. The SEC’s allegations arose principally from the wide gulf between the Defendants’ internal assessments of the status of certain loans—a “PILE of ticking time bombs”; “explosive piles of crap”; and “the music has stopped”—and its public disclosures, which significantly downplayed these concerns—“we’re not really seeing any difference in those characteristics as we’ve seen over the last 10 or 15 years”; “the portfolio . . . continues to perform extremely well.” For the reasons set forth below, the Court DENIES each Defendants’ summary-judgment motion (DE 82; DE 88) and GRANTS both of the SEC’s motions for partial summary judgment. . . .11th Circuit here we come!