United States Securities and Exchange Commission v. Ghosn et al
| United States Securities and Exchange Commission |
| Gregory L. Kelly and Carlos Ghosn |
| 1:2019cv08798 |
| September 23, 2019 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Securities/Commodities |
| None |
Docket Report
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This docket was last retrieved on December 26, 2019. A more recent docket listing may be available from PACER.
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Filing 21
FINAL JUDGMENT AS TO DEFENDANT GREGORY L. KELLY. IT IS HEREBY ORDERED, ADJUDGED, 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. 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. 240.10b-5], and from aiding and abetting violations of these provisions, 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 as further set forth in this Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided 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 or otherwise: (a) Defendant's 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 FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 2l(d)(2) of the Exchange Act [15 U.S.C. 78u(d)(2)], Defendant is prohibited, for five (5) years following the date of entry of this Final Judgment, from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act [15 U.S.C. 781] or that is required to file reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. 780(d)]. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 90 days after being served with a copy of this Final Judgment, Defendant shall pay a civil penalty in the amount of $100,000.00 to the Securities and Exchange Commission pursuant to Section 21(d)(3) of the Exchange Act [15 U.S.C. 78u(d)(3)]. Payments must be made in one of the following ways as further set forth in this Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. 523, the allegations in the complaint are true and admitted by Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this Final Judgment or any other judgment, order, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation by Defendant of the federal securities laws or any regulation or order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. 523(a)(19). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. 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., (Gregory L. Kelly terminated.) (Signed by Judge Alvin K. Hellerstein on 12/23/19) (yv)
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Filing 20
FINAL JUDGMENT AS TO DEFENDANT CARLOS GHOSN. IT IS HEREBY ORDERED, ADJUDGED, 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. 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 securities exchange, in connection with the purchase or sale of any security as further set forth in this Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided 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 or otherwise: (a) Defendant's 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 FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 21(d)(2) of the Exchange Act [15 U.S.C. 78u(d)(2)], Defendant is prohibited, for ten (10) years following the date of entry of this Final Judgment, from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act [15 U.S.C. 781] or that is required to file reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. 78o(d)]. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $1,000,000.00 to the Securities and Exchange Commission pursuant to Section 21(d)(3) of the Exchange Act [15 U.S.C. 78u(d)(3)]. Defendant shall make this payment pursuant to the terms of the payment schedule set forth in paragraph IV below after entry of this Final Judgment. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 7 business days after being served with a copy of this Final Judgment, the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP ("Paul Weiss") shall transfer the entire balance of any and all moneys escrowed for payment of the civil monetary penalty by Defendant Carlos Ghosn, or held for the benefit of Carlos Ghosn, to the Commission. Paul Weiss may transmit payment electronically to the Commission, which will provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm. Paul Weiss also may transfer these funds by certified check, bank cashier's check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center, Accounts Receivable Branch, 6500 South MacArthur Boulevard, Oklahoma City, OK 73169, and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; and specifying that payment is made pursuant to this Final Judgment. A copy of the cover letter and check or money order must be sent to Associate Director Melissa Hodgman, Division of Enforcement, Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. 523, the allegations in the complaint are true and admitted by Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this Final Judgment or any other judgment, order, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation by Defendant of the federal securities laws or any regulation or order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. 523(a)(19). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. 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., (Carlos Ghosn terminated.) (Signed by Judge Alvin K. Hellerstein on 12/23/19) (yv)
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Christian D. H. Schultz to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing disciple of attorneys. (Signed by Judge Alvin K. Hellerstein on 12/20/2019) (mml)
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| Filing 18 CONSENT MOTION to Approve Consent Judgment . Document filed by United States Securities and Exchange Commission.(Bowers, John) |
| Filing 17 MOTION for Christian D. H. Schultz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. Return Date set for 12/17/2019 at 01:00 PM. (Attachments: #1 Declaration of Schultz in Support, #2 Certificates of Good Standing, #3 Proposed Order on PHV Motion)(Schultz, Christian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Christian D. H. Schultz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE granting #9 Motion for Aubrey B. Harwell Jr. to Appear Pro Hac Vice. The Motion of Aubrey B. Harwell, Jr., for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing disciple of attorneys. (Signed by Judge Alvin K. Hellerstein on 10/1/19) (yv)
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Marie T. Scott to Appear Pro Hac Vice. The Motion of Marie T. Scott, for admission to practice Pro Hae Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing disciple of attorneys. (Signed by Judge Alvin K. Hellerstein on 10/1/19) (yv)
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Aubrey B. Harwell III to Appear Pro Hac Vice. The Motion of Aubrey B. Harwell III, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing disciple of attorneys. (Signed by Judge Alvin K. Hellerstein on 10/1/19) (yv)
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| NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Lewis A. Kaplan is no longer assigned to the case. (wb) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John J. Bowers. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #7 Proposed Judgment, was reviewed and approved as to form. (dt) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #8 Proposed Judgment, was reviewed and approved as to form. (dt) |
| Filing 13 NOTICE OF APPEARANCE by Mozianio Samuel Reliford, III on behalf of Gregory L. Kelly. (Reliford, Mozianio) |
| Filing 12 NOTICE OF APPEARANCE by Nathan Clay Sanders on behalf of Gregory L. Kelly. (Sanders, Nathan) |
| Filing 11 MOTION for Marie Tedesco Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17645993. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gregory L. Kelly. Return Date set for 9/23/2019 at 01:49 PM. (Attachments: #1 Affidavit Affidavit of Marie T Scott, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Order For Admission Pro Hac Vice)(Scott, Marie) |
| Filing 10 MOTION for Aubrey B Harwell III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17645814. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gregory L. Kelly. Return Date set for 9/23/2019 at 01:31 PM. (Attachments: #1 Affidavit Affidavit of Aubrey B Harwell III, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order For Admission Pro Hac Vice)(Harwell, Aubrey) |
| Filing 9 MOTION for Aubrey B Harwell Jr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17644905. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gregory L. Kelly. Return Date set for 9/23/2019 at 11:55 AM. (Attachments: #1 Affidavit of Aubrey B Harwell Jr, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Order for Admission Pro Hac Vice)(Harwell, Aubrey) |
| Filing 8 PROPOSED JUDGMENT. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Kelly Consent to Judgment) (Bowers, John) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 7 PROPOSED JUDGMENT. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Ghosn Consent to Judgment) (Bowers, John) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED JUDGMENT. Document filed by United States Securities and Exchange Commission. (Bowers, John) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 9/23/2019 (dt). |
| Filing 5 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED CONSENT ORDER. Document filed by United States Securities and Exchange Commission. (Bowers, John) Modified on 9/23/2019 (dt). |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED JUDGMENT. Document filed by United States Securities and Exchange Commission. (Bowers, John) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 9/23/2019 (dt). |
| Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED CONSENT ORDER. Document filed by United States Securities and Exchange Commission. (Bowers, John) Modified on 9/23/2019 (dt). |
| Filing 2 CIVIL COVER SHEET filed. (Bowers, John) |
| Filing 1 COMPLAINT against Carlos Ghosn, Gregory L. Kelly. Document filed by United States Securities and Exchange Commission.(Bowers, John) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Bowers to RE-FILE Document #3 Proposed Consent Order. Attach to the Proposed Judgment and re-file the Proposed Judgment found under the event list Proposed Order, consent does not get filed separately. found under the event list Proposed Orders. (dt) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Marie Tedesco Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17645993. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Aubrey B Harwell III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17645814. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Aubrey B Harwell Jr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17644905. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Bowers to RE-FILE Document #5 Proposed Consent Order. Attach to the Proposed Judgment and re-file the Proposed Judgment found under the event list Proposed Order, consent does not get filed separately. (dt) Modified on 9/23/2019 (dt). |
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