United States Court of Appeals For the First Circuit

No. 02-1640 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Appellee, v. MARTIN D. FIFE AND FAROUK KHAN, Defendants, Appellants.

DENNIS S. HERULA, MARY LEE CAPALBO (AKA MARY LEE CAPALBO HERULA), SEAVIEW DEVELOPMENT & HOLDINGS, LTD., MICHAEL CLARKE, ROBERT WACHTEL, JOHAN HERTZOG, and CHARLES SULLIVAN, Defendants, and DAVID ULLOM, Relief-Defendant.

ERRATA SHEET The opinion of this Court issued on November 6, 2002 is amended as follows: The second sentence of the second full paragraph on page 8 is amended to read: Unlike the Second Circuit, we have not removed irreparable harm from the preliminary injunction inquiry in SEC preliminary injunction actions. SEC v. World Radio Mission, 544 F.2d 535, 541- (1st Cir. 1976) (reversing the district court's finding that the denial of injunctive relief will not cause any harm to the public, irreparable or otherwise); see also SEC v. Lehman Bros., Inc., 157 F.3d 2, 9 (1st Cir. 1998) (finding that there was no obvious harm in allowing appellant lienholder to maintain the escrow allegedly secured by debtor through unlawful insider trading).