Securities and Exchange Commission v. Cohen et al
| Securities and Exchange Commission |
| Carol E Cohen and Austin Rotter |
| 1:2021cv09580 |
| November 18, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Securities/Commodities |
| None |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
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Filing 13
FINAL JUDGMENT AS TO DEFENDANT AUSTIN ROTTER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant ispermanently 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: (a) to employ any device, scheme, or artifice to defraud; (b) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 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 Defendant shall pay a civil penalty in the amount of $45,646.03 to the Securities and Exchange Commission pursuant to Section 21A of the Exchange Act [15 U.S.C. 78u-1]. Defendant shall make this payment within 30 days after entry of this Final Judgment. Defendant 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. Defendant may also pay 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 toEnterprise 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; Austin Rotter as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment. Defendant shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission's counsel in this action. By making this payment, Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendant. The Commission shall send the funds paid pursuant to this Final Judgment to the United States Treasury. The Commission may enforce the Court's judgment for penalties by the use of all collection procedures authorized by law, including the Federal Debt Collection Procedures Act, 28 U.S.C. 3001 et seq., and moving for civil contempt for the violation of any Court orders issued in this action. Defendant shall pay post-judgment interest on any amounts due after 30 days of the entry of this Final Judgment pursuant to 28 USC 1961. 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. 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. The Clerk of Court is respectfully directed to terminate Austin Rotter as a defendant and to close this case. Austin Rotter terminated. (Signed by Judge Valerie E. Caproni on 11/19/2021) (tg)
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Filing 12
FINAL JUDGMENT AS TO DEFENDANT CAROL E. COHEN: 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: (a) to employ any device, scheme, or artifice to defraud; (b) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 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 Defendant shall pay a civil penalty in the amount of $91,292.06 to the Securities and Exchange Commission pursuant to Section 21A of the Exchange Act [15 U.S.C. 78u-1]. Defendant shall make this payment within 30 days after entry of this Final Judgment. Defendant 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. Defendant may also pay 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; Carol E. Cohen as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment. Defendant shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission's counsel in this action. By making this payment, Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendant. The Commission shall send the funds paid pursuant to this Final Judgment to the United States Treasury. The Commission may enforce the Court's judgment for penalties by the use of all collection procedures authorized by law, including the Federal Debt Collection Procedures Act, 28 U.S.C. 3001 et seq., and moving for civil contempt for the violation of any Court orders issued in this action. Defendant shall pay post-judgment interest on any amounts due after 30 days of the entry of this Final Judgment pursuant to 28 USC 1961. 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. 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. The Clerk of Court is respectfully directed to terminate Carol E. Cohen as a defendant in this case. Carol E Cohen terminated. (Signed by Judge Valerie E. Caproni on 11/13/2021) (tg)
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Filing 11
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference by telephone set for 1/21/2022 at 03:00 PM before Judge Valerie E. Caproni. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 9580. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/19/2021) (vfr)
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Filing 10
PROPOSED JUDGMENT. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Final Judgment - Rotter, #2 Exhibit Consent- Rotter).(Guerrier, Pascale) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 11/19/2021 (dt). Modified on 11/19/2021 (dt).
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Filing 9
PROPOSED JUDGMENT. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Final Judgment -Cohen, #2 Exhibit Consent -Cohen).(Guerrier, Pascale) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 11/19/2021 (dt). Modified on 11/19/2021 (dt).
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Filing 8
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED JUDGMENT. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Proposed Final Judgment - Cohen, #2 Exhibit Consent-Cohen, #3 Text of Proposed Order Proposed Final Judgment -Rotter, #4 Exhibit Consent- Rotter).(Guerrier, Pascale) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 11/19/2021 (dt).
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Austin Rotter. (vf)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Carol E Cohen. (vf)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Austin Rotter, re: #1 Complaint,. Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Carol E Cohen, re: #1 Complaint,. Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
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Filing 3
CIVIL COVER SHEET filed..(Guerrier, Pascale)
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Filing 2
NOTICE OF APPEARANCE by Pascale Guerrier on behalf of Securities and Exchange Commission..(Guerrier, Pascale)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Richard R. Best toDocument No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Each summons request is filed as its own separate event, not as an attachment. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard R. Best to Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the civil cover sheet, the Civil Cover Sheet is filed as its own separate event. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (vf)
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #10 Proposed Judgment, was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #9 Proposed Judgment, was reviewed and approved as to form. (dt)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf)
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Case Designated ECF. (vf)
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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. (vf)
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Filing 1
COMPLAINT against Carol E Cohen, Austin Rotter. Document filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Proposed Summons Cohen, #3 Exhibit Proposed Summons Rotter).(Best, Richard)
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