and the handling or distribution of those assets is a matter of dispute. See SEC v. American Capital Inv., Inc., 98 F.3d 1133, 1146-47 (9th Cir.1996), overturned on other grounds by, Steel Co. v. Citizens for a Better Env., 523 U.S. 83, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998); SEC v. Wencke, 783 F.2d 829, 835-37 (9th Cir.1986); United States v. First Wall Street SBIC, No. 97 CIV. 2655(JSR), 1998 WL 352966, at *1 (S.D.N.Y. June 26, 1998). Furthermore, while the SEC may not have an interest in advancing the claims of one defrauded investor at the expense of the other, several courts have held that the SEC or other governmental agencies in analogous enforcement actions sufficiently represent investor interests for the purposes of Rule 20(a)(2). See Qualified Pensions, 1998 WL 29496, at *4 (<HOLDING>); Heritage Capital, 736 F.2d at 386-87
recognizing a defendants constitutional right to be represented by counsel of his own choice holding that because the operative facts of count iii are not substantially altered by the proposed amendments the defendant is not prejudiced by the proposed amendment to count iii holding that a corporate entity must be represented by licensed counsel holding that interests of proposed intervenors adequately represented by sec recognizing that union members interests are adequately represented by the union