Securities and Exchange Commission v. Alderson et al
| Securities and Exchange Commission |
| Benjamin Alderson and Bradley Hamilton |
| 1:2018cv04930 |
| June 4, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Valerie E. Caproni |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 77 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
130
FINAL JUDGMENT ON CONSENT AS TO DEFENDANT BENJAMIN ALDERSON: IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $265,000, representing profits gained as a result of the conductalleged in the Complain t, together with prejudgment interest thereon in the amount of $10,060.57, and a civil penalty in the amount of $125,000 pursuant to Advisers Act Section 209(e), 15 U.S.C. § 80b-9(e). Defendant shall satisfy this obligation by paying & #036;400,060.57 to the Securities and Exchange Commission pursuant to the terms of the payment schedule set forth in paragraph VI below after entry of this Final Judgment. Defendant shall pay the total of disgorgement, prejudgment interest, and penal ty due of $400,060.57 in two installments to the Commission according to the following schedule: (1) the$125,000 civil penalty within 30 days of entry of this Final Judgment; (2) the $275,060.57 disgorgement and prejudgment interest wi thin 364 days of the entry of this Final Judgment. Payments shall be deemed made on the date they are received by the Commission and shall be applied first to post judgment interest, which accrues pursuant to 28 U.S.C. § 1961 on any unpaid amoun ts due after 30 days of the entry of Final Judgment. Prior to making the final payment set forth herein, Defendant shall contact the staff of the Commission for the amount due for the final payment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that t his Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgement. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice., Benjamin Alderson terminated. (Signed by Judge Valerie E. Caproni on 7/08/2020) (ama)
|
|
Filing
113
ORDER: IT IS HEREBY ORDERED that DVU must produce the Related Documents to theparties in this matter, no later than January 17, 2020. The Court disagrees with DVU that the Related Documents are beyond the temporal scope of its waiver. The Court also disagrees with DVU that it does not have an adversarial relationship with Alderson. While DVU is not a party to this case, Alderson has, throughout this litigation, rightly or wrongly, asserted advice of counsel or other similar arguments in an attem pt to shift responsibility for any wrongdoing from him to DVU. DVU has, in turn, resisted such efforts, which has embroiled DVU and Alderson in endless privilege and other disputes. In that context, the Court finds that DVU and Alderson are sufficien tly adversarial so as to create a risk that protected documents are being selectively disclosed for DVU's benefit. The Court also disagrees with DVU that production of the Related Documents, which have already been found and are fewer than 20 pa ges in total, constitutes an undue burden. In sum, DVU has failed to carry its burden to show that the Related Documents should be withheld from production despite being relevant to this case and despite being within the scope of its privilege waiver. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/14/2020) (ama)
|
|
Filing
108
ORDER denying 106 Letter Motion for Discovery. IT IS HEREBY ORDERED that Defendants' request for production or further in camera review is DENIED as to all documents except the Related Documents. DVU is directed to submit the Related Documents for in camera review, no later than January 13, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/09/2020) (ama)
|
|
Filing
104
ORDER: IT IS HEREBY ORDERED that DVU must un-redact certain portions of the memos which, in the Court's view, fall within the subject matter for which DVU has already waived privilege. For the memo dated February 20, 2014, DVU must un-redact : On page 2, the (ii) sub-section heading; On page 2, the (iii) sub-section heading; On page 2, the last sentence of the first paragraph of sub-section (iii); On page 2, the fifth sentence of the last paragraph on the page; On page 3, the last comple te sentence of the page, i.e., the first sentence of the bottom-most paragraph. For the memo dated July 9, 2015, DVU must un-redact: On page 4, item number one of the three-item list. DVU must produce the revised version of the redacted memos to the parties no later than December 3, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/22/2019) (ks)
|
|
Filing
77
OPINION AND ORDER re: 49 LETTER MOTION for Discovery Letter Brief in Opposition to Maintaining Privilege over Tax Opinions addressed to Judge Valerie E. Caproni from Mark Landau dated 3/21/2019. filed by Bradley Hamilton, 42 LETT ER MOTION to Compel MarketCounsel, LLC to Comply with Rule 45 Subpoena Duces Tecum addressed to Judge Valerie E. Caproni from Haimavathi V. Marlier dated March 1, 2019. filed by Securities and Exchange Commission, 54 THIRD PARTY LE TTER MOTION for Discovery Letter Reply in Support of Maintaining Privilage Over Tax Opinions addressed to Judge Valerie E. Caproni from Non-party Brite Advisors USA, Inc. dated 3/28/19. filed by Non-party Brite Advisors USA, Inc. f/k/a deVe re USA, Inc. For the foregoing reasons, the SEC's motion to compel production of communications between MarketCounsel and DVU is GRANTED as to Entry Nos. 145 and document CTRL00465984 as identified on the Privilege Log. MarketCounsel is directe d to produce thedocuments by June 14, 2019, or on a date mutually agreeable to MarketCounsel and the interested parties. DVU's claim of privilege and work product protection over the 2011 and 2013 Carlton Fields tax opinions is DENIED. To the e xtent that Defendants do not have copies of the taxopinions, the SEC is directed to produce the opinions to Defendants by June 14, 2019, or on adate mutually agreeable to the interested parties. The Clerk of Court is respectfully directed to terminate docket entries 42, 49, and 54. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/10/2019) (anc)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
