Securities and Exchange Commission v. PLCMGMT LLC et al
| Securities and Exchange Commission |
| David A Aldrich, James A Catipay and PLCMGMT LLC |
| Thomas W. McNamara |
| 2:2016cv02594 |
| April 15, 2016 |
| US District Court for the Central District of California |
| Frederick F. Mumm |
| Terry J. Hatter |
| Securities/Commodities |
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Filing
128
JUDGMENT AS TO DEFENDANT PLCMGMT LLC, dba PROMETHEUS LAW 126 by Judge Terry J. Hatter, Jr.: The Securities and Exchange Commission having filed a Complaint against Defendant PLCMGMT LLC, dba Prometheus Law (Defendant). IT IS HEREBY ORDERED, ADJUD GED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act) [15 U.S.C. Section 78j(b)] and Rule 10b-5 promulgated thereunder by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security: by usingany means or instrumentality of interstate commerce , or of the mails, or of anyfacility of any national securities exchange, in connection with the purchase or sale of any security: a. to employ any device, scheme, or artifice or defraud; b. to make any untrue statement f a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of circumstances under which they were made, not misleading; or c) to engage in any act, practice or course of business which operated or would operate as fraud or deceit upon any person. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, asprovided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service o r otherwise: (a) Defendants officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defend ant shall pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty pursuant to Section 20(d) of the Securities Act (15 U.S.C. Section 77t(d)) and Section 21(d)(3) of the Exchange Act (15 U.S.C. Section 78u(d)(3)). The C ourt shall determine the amounts of the disgorgement and civil penalty upon motion of the Commission. Prejudgment interest shall be calculated from November 1, 2013, based on the rate of interest used by the Internal Revenue Service for the underpaym ent of federal income tax as set forth in 26 U.S.C. Section connection with the Commissions motion for disgorgement and/or civil penalties, and at any hearing held on such a motion: (a) Defendant will be precluded from arguing that it did not violate the federal securities laws as alleged in the Complaint. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Courtshall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. See order for details. (shb)
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Filing
70
FINAL JUDGMENT AS YO DEFENDANT ADVID A. ALDRICH by Judge Terry J. Hatter, Jr.: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section10(b) of the Securities Ex change Act of 1934 (the Exchange Act) [15 U.S.C.§ 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national secur ities exchange, in connection with the purchase or sale of any security: to employ any device, scheme, or artifice to defraud, etc. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED thatDefendant is liable for disgorgement of $2,667,945.00, re presenting profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $17,786.30, and a civil penalty in the amount of $1,000,000.00 pursuant to Section 20(d) of the Secu rities Act, 15 U.S.C. § 77t(d) and Section 21(d)(3) of the Exchange Act, 15 U.S.C. § 78u(d)(3). Defendant shall satisfy this obligation by paying $3,685,731.30 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. Related to: Stipulation for Judgment 69 . (See order for further details).(shb)
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Filing
37
JUDGMENT UPON CONSENT AS TO DEFENDANT JAMES A. CATIPAY 35 by Judge Terry J. Hatter, Jr. Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 etc.Defendant shall pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty to be determined. (SEE DOCUMENT FOR OTHER SPECIFICS). (MD JS-6, Case Terminated). (lc)
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