Securities and Exchange Commission v. McAfee et al
| Securities and Exchange Commission |
| John McAfee, Jimmy Gale Watson, Jr. and John David McAfee |
| 1:2020cv08281 |
| October 5, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 35
FINAL JUDGMENT AS TO DEFENDANT JIMMY GALE WATSON, JR.: IT IS HEREBY FURTHER 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 communication in interstate commerce or by use of the mails, directly or indirectly: (a) to employ any device, scheme, or artifice to defraud; As further set forth in this order. As further set forth in this Order. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $316,401.48, representing net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $59,533.38. The Court finds that sending the disgorged funds to the United States Treasury, as ordered below, is consistent with equitable principles. Defendant shall satisfy this obligation by paying $375,934.86 to the Securities and Exchange Commission within 30 days after entry of this Final Judgment. As further set forth in this Order. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. As further set forth in this Order. 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. The Clerk is directed to close this case. (Signed by Judge John G. Koeltl on 7/14/2022) Jimmy Gale Watson, Jr terminated. (ks)
|
|
Filing 34
ORDER DISMISSING CLAIMS AS TO DEFENDANT JOHN DAVID MCAFEE: NOW THEREFORE, for good cause shown, the Court hereby ORDERS that: The SEC's claims for relief, for alleged violations by McAfee of Sections 17(a) and 17(6) of the Securities Act of 1933 [15 U.S.C. 77q(a)-(b)], and Section 10(6) of the Securities Exchange Act of 1934 [15 U.S.C. 78j(b)], and Rule 10b-5(a)-(c) thereunder [17 C.F.R. 240.10b-5(a)-(c)] are DISMISSED as to defendant McAfee. This Order pertains solely to the claims against defendant McAfee, and has no effect on the SEC's claims against defendant Watson, which remain at issue. IT IS SO ORDERED (Signed by Judge John G. Koeltl on 7/14/2022) John David McAfee terminated. (ks)
|
|
Filing 33
MOTION to Approve Consent Judgment as to Defendant Watson. Document filed by Securities and Exchange Commission. (Attachments: #1 Affidavit Declaration of David H. Tutor in Support of Motion for Judgment, #2 Exhibit 1. Watson Consent, #3 Exhibit 2. Watson Proposed Judgment).(Tutor, David)
|
|
Filing 32
NOTICE of Death of Defendant John McAfee and Request for Dismissal of Claims. Document filed by Securities and Exchange Commission. (Attachments: #1 Affidavit Declaration of David H. Tutor in Support of Notice of Death of Defendant John McAfee and Request for Dismissal of Claims, #2 Exhibit Letter re Notification of McAfee's Death, #3 Text of Proposed Order Proposed Order Dismissing Claims as to Defendant John McAfee).(Tutor, David)
|
|
Filing 31
ORDER: The Court, having granted an extension of time to respond to the complaint to July 15, 2022, hereby cancels the conference scheduled for Wednesday, April 27, 2022, at 3:00pm. SO ORDERED. (Signed by Judge John G. Koeltl on 4/21/2022) John David McAfee answer due 7/15/2022. (ks)
|
|
Filing 30
ORDER granting #29 Letter Motion for Extension of Time to Answer re #29 FIFTH LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Arnold Spencer dated April 14, 2022.. Time to answer in both cases is extended to July 15, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 4/14/2022) Jimmy Gale Watson, Jr answer due 7/15/2022 (ks)
|
|
Filing 29
FIFTH LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Arnold Spencer dated April 14, 2022. Document filed by Jimmy Gale Watson, Jr..(Spencer, Arnold)
|
|
Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference set for 4/27/2022 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
|
|
Filing 28
ORDER granting #27 FOURTH LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Arnold Spencer dated January 12, 2022. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 1/12/2022) (mml)
|
|
Filing 27
FOURTH LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Arnold Spencer dated January 12, 2022. Document filed by Jimmy Gale Watson, Jr..(Spencer, Arnold)
|
|
Filing 26
ORDER granting #25 Letter Motion for Extension of Time to Answer re #25 THIRD LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Arnold Spencer dated October 14, 2021.. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 10/15/2021) (ks)
|
|
Filing 25
THIRD LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Arnold Spencer dated October 14, 2021. Document filed by Jimmy Gale Watson, Jr..(Spencer, Arnold)
|
|
Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 7/16/2021. (Fletcher, Donnie)
|
|
Filing 24
ORDER: As discussed during the teleconference held on July 16, 2021, the Defendant Watson's time to respond to the SEC's Complaint is extended to October 15, 2021. SO ORDERED. Jimmy Gale Watson, Jr answer due 10/15/2021. (Signed by Judge John G. Koeltl on 7/16/2021) (mml)
|
|
Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference set for 7/16/2021 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
|
|
Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference set for 7/12/2021 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
|
|
Filing 23
LETTER addressed to Judge John G. Koeltl from Jorge G. Tenreiro dated June 14, 2021 re: Status of Matter. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
|
|
Filing 22
CERTIFICATE OF SERVICE. John David McAfee served on 2/10/2021, answer due 3/3/2021. Service was accepted by John David McAfee. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Tenreiro, Jorge)
|
|
Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer re #20 LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Arnold Spencer dated April 21, 2021.. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/22/2021) (ks)
|
|
Filing 20
LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Arnold Spencer dated April 21, 2021. Document filed by Jimmy Gale Watson, Jr..(Spencer, Arnold)
|
|
Filing 19
LETTER addressed to Judge John G. Koeltl from Jorge G. Tenreiro dated April 15, 2021 re: McAfee Service. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
|
|
Filing 18
AFFIDAVIT OF SERVICE. Jimmy Gale Watson, Jr served on 3/5/2021, answer due 3/26/2021. Service was accepted by Arnold Spencer. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
|
|
Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Securities and Exchange Commission. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 2/16/2021) (ks)
|
|
Filing 16
LETTER addressed to Judge John G. Koeltl from Securities and Exchange Commission dated 2/15/21 re: Service on Defendant McAfee. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
|
|
Filing 15
ORDER granting #14 Motion for Extension of Time. Therefore, the SEC's application for an extension of time to service the summons and complaint on Defendant Watson for good cause shown is granted. The time to serve the summons and complaint on Defendant Watson is extended to April 5, 2021. SO ORDERED.. (Signed by Judge John G. Koeltl on 1/7/2021) Service due by 4/5/2021. (ks)
|
|
Filing 14
LETTER MOTION for Extension of Time to serve Defendant Jimmy Gale Watson, Jr. addressed to Judge John G. Koeltl from Securities and Exchange Commission dated 01/06/2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A).(Tenreiro, Jorge)
|
|
Filing 13
MEMO ENDORSEMENT: on re: #12 Letter filed by Securities and Exchange Commission. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/23/2020) (ama)
|
|
Filing 12
LETTER addressed to Judge John G. Koeltl from Securities and Exchange Commission dated December 23, 2020 re: Service on Defendants. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
|
|
Filing 11
CERTIFICATE OF SERVICE. Jimmy Gale Watson, Jr served on 12/17/2020, answer due 1/7/2021. Service was accepted by Jimmy Watson, Sr.. Document filed by Securities and Exchange Commission., AFFIDAVIT OF SERVICE. Jimmy Gale Watson, Jr served on 12/17/2020, answer due 1/7/2021. Service was accepted by Jimmy Watson, Sr.. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
|
|
Filing 10
REQUEST FOR WAIVER OF SERVICE sent to Jimmy Gale Watson, Jr.. Document filed by Securities and Exchange Commission. Request for Waiver Mailed on 10/15/2020. Waiver of Service due by 11/16/2020..(Tenreiro, Jorge)
|
|
Filing 9
ELECTRONIC SUMMONS ISSUED as to Jimmy Gale Watson, Jr..(pc)
|
|
Filing 8
ELECTRONIC SUMMONS ISSUED as to John David McAfee..(pc)
|
|
Filing 7
NOTICE OF APPEARANCE by John O'Donnell Enright on behalf of Securities and Exchange Commission..(Enright, John)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard R. Best. The following case opening statistical information was erroneously selected/entered: Fee Status code none (no fee required);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to wv (waived);. (pc)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard A Best. The party information for the following party/parties has been modified: John McAfee. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)
|
|
Case Designated ECF. (pc)
|
|
Magistrate Judge Barbara C. Moses 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
|
|
Filing 6
NOTICE OF APPEARANCE by David H. Tutor on behalf of Securities and Exchange Commission..(Tutor, David)
|
|
Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Jimmy Gale Watson, Jr., re: #1 Complaint. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
|
|
Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to John David McAfee, re: #1 Complaint. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
|
|
Filing 3
CIVIL COVER SHEET filed..(Tenreiro, Jorge)
|
|
Filing 2
NOTICE OF APPEARANCE by Jorge Gerardo Tenreiro on behalf of Securities and Exchange Commission..(Tenreiro, Jorge)
|
|
Filing 1
COMPLAINT against John McAfee, Jimmy Gale Watson, Jr. Document filed by Securities and Exchange Commission..(Best, Richard)
|
Access additional case information on PACER
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.
