Securities and Exchange Commission v. Rashid
| Securities and Exchange Commission |
| Mohammed Ali Rashid |
| 1:2017cv08223 |
| October 25, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| P. Kevin Castel |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 77 |
| Plaintiff |
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Filing
213
FINAL JUDGMENT AS TO DEFENDANT MOHAMMED ALI RASHID: Accordingly, as discussed in greater detail in the Court's Findings (Doc. 221), and having considered the submissions of the Parties as well as the trial record of these proceedings: I T IS ORDERED, ADJUDGED, AND DECREED that Rashid and his agents, servants, employees, attorneys, and all persons in active concert or participation with him, who receive actual notice of this judgment by personal service or otherwise are permanentl y restrained and enjoined from violating, directly or indirectly, Section 206(2) of the Advisers Act, [15 U.S.C. §§ 80b-6] by, while acting as an investment adviser, by the use of the means and instrumentalities of interstate commerce an d of the mails, directly or indirectly, engaging in transactions, practices, and courses of business which operate as a fraud or deceit upon his clients and prospective clients. As further set forth in this Order. IT IS FURTHER ORDERED, ADJUDG ED, AND DECREED that Rashid shall pay a civil penalty in the amount of $240,000 to the Securities and Exchange Commission pursuant to 15 U.S.C. § 80b-9(e). Rashid shall make this payment within 30 days after entry of this Final Judgment . IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of the Final Judgment. There being no just reason for delay, pursuant to Rule 58 of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. As further set forth herein. (Signed by Judge P. Kevin Castel on 10/14/2020) Mohammed Ali Rashid terminated. (ks)
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Filing
211
FINDINGS OF FACT AND CONCLUSIONS OF LAW: The Court finds that the SEC proved by a preponderance of the evidence that Rashid violated section 206(2) of the Advisors Act. Rashid shall be permanently enjoined from any and all future violations of sectio n 206. Rashid shall separately be assessed a civil penalty of $7,500 for each of the thirty-two violations proved at trial, in a total amount of $240,000. The SEC shall file a Proposed Final Judgment within seven days. (Signed by Judge P. Kevin Castel on 9/23/2020) (jwh)
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Filing
92
OPINION AND ORDER. In view of the agreement of the parties to waive a jury (Doc 91), the Court modifies the Order of May 2, 2019 (Doc 90) to vacate the first and second paragraph and ORDERS as follows: 1. Plaintiff's direct testimony by affidavi t of all witnesses within its control shall be filed, together with a trial brief, by July 22, 2018. The trial brief shall set forth the precise nature and amount of any fine, penalty, disgorgement, injunctive or other relief proposed by plaintiff in the event it prevails. 2. Defendant's direct testimony by affidavit of all witnesses within its control shall be filed, together with a trial brief by August 9, 2019, together with a response to plaintiff's proposed relief in the event it prevails. 3. Direct testimony by affidavit of any proposed rebuttal witness shall be filed by plaintiff by August 16, 2019. 4. The Court directs counsel to meet face to face for at least one hour to discuss proposed stipulations of fact. A joint pret rial order containing the parties' stipulation of facts (and all other requirements set forth in the Court's Individual Practices) shall be submitted to the Court by August 30, 2019. 5. Submissions 1 through 4 above shall be filed on ECF, w ith two hard copies delivered to Chambers, as well as a version of the text of the submission on a DVD in MS Word format (excluding exhibits which may be in pdf). 6. The Final Pretrial Conference remains scheduled for September 6, 2019 at 11:00 a.m. SO ORDERED. (Pretrial Order due by 8/30/2019.) (Signed by Judge P. Kevin Castel on 5/17/2019) (rjm)
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Filing
80
MEMORANDUM AND OPINION re: 65 LETTER MOTION for Discovery: Plaintiff's Letter Motion for a protective order against the conduct of these three depositions (Doc 65) is GRANTED. (Signed by Judge P. Kevin Castel on 2/11/2019) (jwh)
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Filing
64
OPINION AND ORDER re: 59 LETTER MOTION to Compel Glen McGorty, Esq. to Deposition: Rashid has not shown that he and Apollo agreed to pursue a joint legal strategy giving rise to a common interest privilege. The Court therefore directs the resumption of McGorty's deposition and overrules Rashid's objections to the questions of the SEC. The Clerk is directed to terminate the motion. (Docket # 59.) (Signed by Judge P. Kevin Castel on 12/13/2018) (jwh)
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