Securities and Exchange Commission v. Justin Moongyu Lee et al
| Securities and Exchange Commission |
| American Immigrant Investment Fund I, LLC, BioFuel Venture IV, LLC, BioFuel Venture V, LLC, Thomas Edward Kent, Justin Moongyu Lee, Rebecca Taewon Lee, Nexland, Inc. and Nexsun Ethanol, LLC |
| 2:2014cv06865 |
| September 3, 2014 |
| US District Court for the Central District of California |
| Charles F. Eick |
| R. Gary Klausner |
| Securities/Commodities |
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Filing
42
FINAL JUDGMENT BY DEFAULT TO DEFENDANTS JUSTIN MOONGYU LEE; AMERICAN IMMIGRANT INVESTMENT FUND I, LLC; BIOFUEL VENTURE IV, LLC; BIOFUEL VENTURE V, LLC; NEXLAND, INC., DBA NEXLAND INVESTMENT GROUP; AND NEXSUN ETHANOL, LLC, by Judge R. Gary Klausner, I T IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant J.Lee and the Entity Defendants are permanently restrained and enjoined fromviolating Section 17(a) of the Securities Act of 1933 (the "Securities Act") [15 U.S.C.§ 77q(a)] in t he offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly:(a) to employ any device, scheme, or artifice to defraud;(b) to o btain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or(c) to enga ge in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that DefendantJ. Lee and the Entity Defendants are liable, jointly and severa lly, for disgorgement of$7,210,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $1,052,403.73, for a total of $8,262,403.73. Defendants shall satisfy this obligationby paying $8,262,403.73 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. See Judgment For Further Specifics. (bp)
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Filing
38
FINAL JUDGMENT AS TO DEFENDANT THOMAS EDWARD KENT by Judge R. Gary Klausner in favor of Securities and Exchange Commission against Thomas Edward Kent. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (the Securities Act) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or instruments of transportation or communicationin interstate commerce or by use o f the mails, directly or indirectly:(a) to employ any device, scheme, or artifice to defraud; (b) to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statem ents made, in light of the circumstances under which they were made, not misleading; or (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $102,548.20, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $14,680.80, for a t otal of $117,229.00. Defendant shall satisfy thisobligation by paying $117,229.00 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. (See order for further details). Related to: Stipulation for Settlement 35 . (shb)
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Filing
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JUDGMENT by Judge R. Gary Klausner, in favor of Securities and Exchange Commission against Thomas Edward Kent. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendants agents, servants, employees, attorneys, and all persons in activ e concert or participation with them who receive actual notice of this Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (the Securities Act), 15 U.S.C. § 77q(a), in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly: to employ any device, scheme, or artifice to defraud; to o btain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. (See order for further details). (shb)
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