Securities and Exchange Commission v. Diversity Capital Investments, Inc. et al

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Date Filed	#	Document Text
September 2, 2010	107	FINAL JUDGMENT AND PERMANENT INJUMCTOPM AS TO DEFENDNT EDWARD LANTZ FERGUSON by Judge Otis D Wright, II in favor of Securities and Exchange Commission against Defendant Edward Lantz Ferguson. Defendant is jointly and severally liable with defendants Diversity Capital Bancorp de Mexico, Ltd., Strongs Capital Investments, Inc., The Optimus Fund, Inc., Damian Meneses, and Joel S. Ley, Jr. for disgorgement of $587,516.00 together with prejudgment interest thereon in the amount of $23,868, for a total of $611,384.00. (see document for specifics and instructions). (lc)
May 28, 2010	87	AMENDED FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINSTDEFENDANTS DIVERSITY CAPITAL BANCORP DE MEXICO LTD., STRONGS CAPITALINVESTMENTS, INC., THE OPTIMUS FUND, INC., DAMIAN MENESES, AND JOEL S. LEY, JR.,AND RELIEF DEFENDANT SOCORRO TE RLIZZI 78 by Judge Otis D Wright, II:FINAL JUDGMENT by Judge Otis D Wright, II: Commissions Motion for Final Judgment against defendants DCBM, Strongs, Optimus, Meneses, and Ley, and relief defendant Terlizzi, is hereby GRANTED. defendants DCBM, Str ongs,Optimus, Meneses, and Ley, and their agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Judgment by personal service or otherwise are permanently restrained and enjoined. defendants DCBM, Strongs, Optimus, Meneses, and Ley are jointly and severally liable for disgorgement of $25,566,932, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest t hereon in the amount of $85,267, for a total of $25,652,199. Defendants shall satisfy this obligation by paying $25,652,199within 14 days after entry of this Final Judgment to the Clerk of this Court. Relief defendant Terlizzi is liabl e for disgorgement of $348,424, representing profits gained as a result of the conduct alleged in the Complaint for which she gave no consideration and to which she has no legitimate claim, together with prejudgment interest thereon in the amoun t of $1,162, for a total of $349,586. Terlizzi shall satisfy this obligation by paying $349,586 within 14 days after entry of this Final Judgment to the Clerk of this Court.The Clerk shall deposit the funds into the fund. the Clerk is directed, without further order of this Court, to deduct from the income earned on the money in the Fund a fee equal to ten percent of the income earned on the Fund. Such fee shall not exceed that authorized by the Judicial Conference of the United S tates. The Commission may propose a plan to distribute the Fund subject to the Courts approval. Terlizzi shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. 1961.Defendants DCBM, Strongs, and Optimus shall each pay a civil penalty in the amount of $650,000, and defendants Meneses and Ley shall each pay a civil penalty of $130,000 within 14 days of entry of this final judgment. (lc)
November 13, 2009	55	ORDER TO SHOW CAUSE by Judge Otis D Wright, II Response to Order to Show Cause due by 11/30/2009. (tad)
August 17, 2009	40	PRELIMINARY INJUNCTION AND ORDERS: FREEZING ASSETS; REQUIRING ACCOUNTINGS; REPATRIATING ASSETS; PROHIBITING DESTRUCTION OF DOCUMENTS; GRANTING EXPEDITED DISCOVERY as to defendants Diversity Capital, DCBM, Strong's Capital, Optimus Fund, Meneses, Fergusion, and Ley and their officers, agents etc by Judge Otis D Wright, II (see document for specifics) (lc) Modified on 8/18/2009 (lc).

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