Case 1:12-cv-12334-WGY Document 48 Filed 09/06/13 Page 1 of 14

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _______________________________________________ SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Case No.: 1:12-cv-12334 (WGY) v. SPENCER PHARMACEUTICAL INC., JEAN-FRANCOIS AMYOT, MAXIMILIEN ARELLA, IAN MORRICE, IAB MEDIA INC. and HILBROY ADVISORY INC., Defendants. ________________________________________________ JEAN-FRANCOIS AMYOTS ANSWER Defendant Jean-Francois Amyot, by his attorneys PHILLIPSON & URETSKY, LLP, as and for an Answer to the Complaint for the captioned action, hereby asserts and alleges as follows: 1. Denies the allegations contained in Paragraph 1 of the Complaint. 2. Denies the allegations contained in Paragraph 2 of the Complaint. 3. Denies the allegations contained in Paragraph 3 of the Complaint. 4. Denies the allegations contained in Paragraph 4 of the Complaint. 5. There are no allegations as against Amyot in Paragraph 5. 6. There are no allegations as against Amyot in Paragraph 6. 7. Denies the allegations contained in Paragraph 7 of the Complaint. 8. Denies the allegations contained in Paragraph 8 of the Complaint.

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9. Denies the allegations contained in Paragraph 9 of the Complaint. 10. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 10 of the Complaint and on that basis denies the same. 11. Admits the allegations contained in Paragraph 11 of the Complaint. 12. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 12 of the Complaint and on that basis denies the same. 13. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 13 of the Complaint and on that basis denies the same. 14. Denies the allegations contained in Paragraph 14 of the Complaint. 15. Denies the allegations contained in Paragraph 15 of the Complaint. 16. Admits the allegations contained in Paragraph 16 of the Complaint. 17. Admits the allegations contained in Paragraph 17 of the Complaint. 18. Admits the allegations contained in Paragraph 18 of the Complaint. 19. Admits the allegations contained in Paragraph 19 of the Complaint. 20. Admits the allegations contained in Paragraph 20 of the Complaint. 21. Admits the allegations contained in Paragraph 21 of the Complaint. 22. Admits the allegations contained in Paragraph 22 of the Complaint. 23. Denies the allegations contained in Paragraph 23 of the Complaint. 24. Admits the allegations contained in Paragraph 24 of the Complaint.

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25. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 25 of the Complaint and on that basis denies the same. 26. Admits the allegations contained in Paragraph 26 of the Complaint. 27. Admits the allegations contained in Paragraph 27 of the Complaint. 28. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 28 of the Complaint and on that basis denies the same. 29. Admits the allegations contained in Paragraph 29 of the Complaint. 30. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 30 of the Complaint and on that basis denies the same. 31. Admits the allegations contained in Paragraph 31 of the Complaint. 32. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 32 of the Complaint and on that basis denies the same. 33. Admits the allegations contained in Paragraph 33 of the Complaint. 34. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 34 of the Complaint and on that basis denies the same. 35. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 35 of the Complaint and on that basis denies the same.

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36. Denies the allegations contained in Paragraph 36 of the Complaint. 37. Denies the allegations contained in Paragraph 37 of the Complaint. 38. Admits the allegations contained in Paragraph 38 of the Complaint. 39. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 39 of the Complaint and on that basis denies the same. 40. Denies the allegations contained in Paragraph 40 of the Complaint. 41. Denies the allegations contained in Paragraph 41 of the Complaint. 42. Denies the allegations contained in Paragraph 42 of the Complaint. 43. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 43 of the Complaint and on that basis denies the same. 44. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 44 of the Complaint and on that basis denies the same. 45. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 45 of the Complaint and on that basis denies the same. 46. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 46 of the Complaint and on that basis denies the same.

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47. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 47 of the Complaint and on that basis denies the same. 48. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 48 of the Complaint and on that basis denies the same. 49. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 49 of the Complaint and on that basis denies the same. 50. Denies the allegations contained in Paragraph 50 of the Complaint. 51. Denies the allegations contained in Paragraph 51 of the Complaint. 52. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 52 of the Complaint and on that basis denies the same. 53. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 53 of the Complaint and on that basis denies the same. 54. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 54 of the Complaint and on that basis denies the same. 55. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 55 of the Complaint and on that basis denies the same.

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56. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 56 of the Complaint and on that basis denies the same. 57. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 57 of the Complaint and on that basis denies the same. 58. Denies the allegations contained in Paragraph 58 of the Complaint. 59. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 59 of the Complaint and on that basis denies the same. 60. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 60 of the Complaint and on that basis denies the same. 61. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 61 of the Complaint and on that basis denies the same. 62. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 62 of the Complaint and on that basis denies the same. 63. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 63 of the Complaint and on that basis denies the same.

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64. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 64 of the Complaint and on that basis denies the same. 65. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 65 of the Complaint and on that basis denies the same. 66. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 66 of the Complaint and on that basis denies the same. 67. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 67 of the Complaint and on that basis denies the same. 68. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 68 of the Complaint and on that basis denies the same. 69. Admits the allegations contained in Paragraph 69 of the Complaint. 70. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 70 of the Complaint and on that basis denies the same. 71. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 71 of the Complaint and on that basis denies the same.

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72. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 72 of the Complaint and on that basis denies the same. 73. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 73 of the Complaint and on that basis denies the same. 74. Admits the allegations contained in Paragraph 74 of the Complaint. 75. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 75 of the Complaint and on that basis denies the same. 76. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 76 of the Complaint and on that basis denies the same. 77. Denies the allegations contained in Paragraph 77 of the Complaint. 78. Denies the allegations contained in Paragraph 78 of the Complaint. 79. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 79 of the Complaint and on that basis denies the same. 80. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 80 of the Complaint and on that basis denies the same.

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81. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 81 of the Complaint and on that basis denies the same. 82. Admits the allegations contained in Paragraph 82 of the Complaint. 83. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 83 of the Complaint and on that basis denies the same. 84. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 84 of the Complaint and on that basis denies the same. 85. Admits the allegations contained in Paragraph 85 of the Complaint. 86. Denies the allegations contained in Paragraph 86 of the Complaint. 87. Admits the allegations contained in Paragraph 87 of the Complaint. 88. Denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraph 88 of the Complaint and on that basis denies the same. 89. Repeats, reasserts and incorporates the defenses above as if set forth more fully herein. 90. Denies the allegations contained in Paragraph 90 of the Complaint. 91. Denies the allegations contained in Paragraph 91 of the Complaint. 92. Denies the allegations contained in Paragraph 92 of the Complaint. 93. Repeats, reasserts and incorporates the defenses above as if set forth more fully herein.

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94. Denies the allegations contained in Paragraph 94 of the Complaint. 95. Denies the allegations contained in Paragraph 95 of the Complaint. 96. Denies the allegations contained in Paragraph 96 of the Complaint. 97. Repeats, reasserts and incorporates the defenses above as if set forth more fully herein. 98. Denies the allegations contained in Paragraph 98 of the Complaint. 99. Denies the allegations contained in Paragraph 99 of the Complaint. 100. 101. Denies the allegations contained in Paragraph 100 of the Complaint. Repeats, reasserts and incorporates the defenses above as if set forth more

fully herein. 102. 103. 104. 105. Denies the allegations contained in Paragraph 102 of the Complaint. Denies the allegations contained in Paragraph 103 of the Complaint. Denies the allegations contained in Paragraph 104 of the Complaint. Repeats, reasserts and incorporates the defenses above as if set forth more

fully herein. 106. 107. 108. 109. Denies the allegations contained in Paragraph 106 of the Complaint. Denies the allegations contained in Paragraph 107 of the Complaint. Denies the allegations contained in Paragraph 108 of the Complaint. Repeats, reasserts and incorporates the defenses above as if set forth more

fully herein. 110. 111. 112. Denies the allegations contained in Paragraph 110 of the Complaint. Denies the allegations contained in Paragraph 111 of the Complaint. Denies the allegations contained in Paragraph 112 of the Complaint.

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113.

Repeats, reasserts and incorporates the defenses above as if set forth more

fully herein. 114. 115. 116. 117. Denies the allegations contained in Paragraph 114 of the Complaint. Denies the allegations contained in Paragraph 115 of the Complaint. Denies the allegations contained in Paragraph 116 of the Complaint. Repeats, reasserts and incorporates the defenses above as if set forth more

fully herein. 118. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations contained in Paragraph 118 of the Complaint and on that basis denies the same. 119. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations contained in Paragraph 119 of the Complaint and on that basis denies the same. 120. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations contained in Paragraph 120 of the Complaint and on that basis denies the same. 121. 122. Admits the allegations contained in Paragraph 121 of the Complaint. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations contained in Paragraph 122 of the Complaint and on that basis denies the same. 123. Denies knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations contained in Paragraph 123 of the Complaint and on that basis denies the same.

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124. 125. 126. 127.

Denies the allegations contained in Paragraph 124 of the Complaint. Denies the allegations contained in Paragraph 125 of the Complaint. Denies the allegations contained in Paragraph 126 of the Complaint. To the extent not specified above, Defendant Amyot denies each and

every allegation not otherwise addressed.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE 128. granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 129. The Complaint fails to set forth a proper basis for this Courts jurisdiction. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 130. This case belongs in Quebec, Canada based on forum non conveniens. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 131. This proceeding is unfair and must be dismissed because of an already The Complaint fails to set forth a cause of action upon which relief may be

pending proceeding before the criminal/regulatory authorities in Canada. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 132. The SEC has failed to join all persons and/or entities necessary for the just

adjudication of this action and, in any event, Defendant Amyot is neither a necessary nor appropriate entity for the adjudication of this action. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

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133.

Defendants are not subject to the jurisdiction of this Court due to

Plaintiffs failure to effect proper service on the same as required under federal and international law. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 134. The injuries and damages alleged to have been suffered by the persons

listed by Plaintiff in its discovery production were caused in whole or in part by the conduct of persons or entities other than Defendant Amyot. Therefore the SECs claims are barred or diminished in the proportion that such culpable conduct of other persons or entities bear to the total culpable conduct causing damages. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 135. The information upon which the SEC relies in the Complaint was derived

from information improperly taken from Amyot by the Quebec authorities. The taking was part of an impermissible search and seizure. Thus, the SECs information is based on fruit of the poisonous tree.

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WHEREFORE, Defendant Amyot demands judgment dismissing the Plaintiffs Complaint and such other and further relief as the Court deems just and proper. A jury trial is demanded. Dated: New York, New York September 6, 2013 Yours etc., PHILLIPSON & URETSKY, LLP By: /s/ Jonathan Uretsky Jonathan Uretsky (pro hac vice) Phillipson & Uretsky, LLP 111 Broadway, 8th Floor New York, New York 10006 (212) 571-1255 Attorneys for Defendant Amyot

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