Securities and Exchange Commission v. Fiore et al
| Securities and Exchange Commission |
| Joseph A Fiore, Berkshire Capital Management Company, Inc. and Eat at Joe's, Ltd. |
| 7:2018cv05474 |
| June 18, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Kenneth M. Karas |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 77 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
59
FINAL JUDGMENT AS TO DEFENDANT JOSEPH A. FIORE: The United States Securities and Exchange Commission having filed the Complaint and Defendant Joseph A. Fiore ("Defendant" or "Fiore") having answered; consented to the Court� 39;s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein); wa ived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is jointly and severally liable with Defendants Berkshire Capital Management Compa ny, Inc. and Eat at Joe's, Ltd. n/k/a SPYR, Inc. for disgorgement and pre-judgment interest in the amount of $2,000,000, representing profits gained as a result of the conduct alleged in the Complaint. Defendant is further liable for a c ivil penalty in the amount of $500,000 pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)]. Defendant shall satisfy this obligation by paying $2, 500,000 to the Securities and Exchange pursuant to the terms of the payment schedule set forth below after entry of this Final Judgment. Defendant may transmit payment electronically to the Commission, which will provide detailed ACH transfer/Fedw ire 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 cashiers check, or United States postal money order payable to the Securities and Exchange Commission. 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. SO ORDERED BY THE COURT. Joseph A Fiore terminated. (Signed by Judge Kenneth M. Karas on 4/14/2020) (jca)
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Filing
55
ORDER granting 54 CONSENT LETTER MOTION to Stay Discovery. The Stay is granted. The parties shall update the Court on the status of settlement by no later than May 18, 2020. SO ORDERED. ***Deadlines Terminated*** The following deadline(s) was terminated: Deposition Deadline, Fact Discovery Deadline. (Signed by Judge Kenneth M. Karas on 2/18/2020) (jca)
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Filing
53
STIPULATION AND ORDER REGARDING THE PROTECTION AND CONFIDENTIALITY OF SENSITIVE PERSONAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED., Motions terminated: 52 CONSENT MOTION for Protective Order . filed by Securities and Exchange Commission. (Signed by Judge Kenneth M. Karas on 12/28/19) (yv)
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Filing
33
OPINION AND ORDER: For the foregoing reasons, Defendant's Motion To Dismiss is denied. The Court will hold a conference on November 6, 2019 at 11 :30 a.m. to discuss the status of the case. The Clerk of the Court is respectfully requested to terminate the pending Motion. (Dkt. No. 26.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/25/2019) (jca)
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