Securities and Exchange Commission v. Lion Gate Capital, Inc. et al, No. 2:2008cv06574 - Document 33 (C.D. Cal. 2009)
Court Description: FINAL JUDGMENT AS TO DEFENDANTS LION GATE CAPITAL, INCL., AND KENNETH RICKEL by Judge Dale S. Fischer. Decreed that Defendants are jointly and severally liable with each other for disgorgement of $88,335, representing profits gained as a result of the conduct alleged in the complaint, together with prejudicment interest thereon in the amount of $11,665, and a civil penalty in the amount of $50,000 pursuant to Section 21(d)(3) of the Exchange Act, 15 U.S.C. 78u(d)(3), for a total of $150,000. (MD JS-6, Case Terminated). (bp)
Download PDF
<![CDATA[
Securities and Exchange Commission v. Lion Gate Capital, Inc. et al 1 2 3 4 5 6 7 8 Doc. 33 JOHN M. MCCOY, III, Cal. Bar No. 166244 E-mail: mccoyj@sec.gov LORRAINE B. ECHAVARRIA, Cal. Bar No. 191860 E-mail: echavarrial@sec.gov CAROL LALLY, Cal. Bar No. 226392 E-mail: lallyc@sec.gov JS 6 Attorneys for Plaintiff Securities and Exchange Commission Rosalind R. Tyson, Regional Director Michele Wein Layne, Associate Regional Director 5670 Wilshire Boulevard, 11th Floor Los Angeles, California 90036 Telephone: (323) 965-3998 Facsimile: (323) 965-3908 9 UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION 12 13 SECURITIES AND EXCHANGE COMMISSION, Case No. CV 08-6574 DSF (MANx) 14 Plaintiff, FINAL JUDGMENT AS TO DEFENDANTS LION GATE CAPITAL, INC. AND KENNETH RICKEL 15 16 17 18 vs. LION GATE CAPITAL, INC., and KENNETH RICKEL, Defendants. 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 The Securities & Exchange Commission having filed a Complaint and 2 Defendants Lion Gate Capital, Inc. (“Lion Gate”) and Kenneth Rickel (“Rickel”) 3 (collectively, the “Defendants”) having entered a general appearance; consented to 4 the Court’s jurisdiction over Defendants and the subject matter of this action; 5 consented to entry of this Final Judgment without admitting or denying the 6 allegation of the Complaint (except as to jurisdiction); waived findings of fact and 7 conclusions of law; and waived any right to appeal from this Final Judgment: 8 9 I. It is HEREBY Ordered, Adjudged, and Decreed that Defendants and 10 Defendants’ agents, servants, employees, attorneys, and all person in active concert 11 or participation with them who receive actual notice of this Final Judgment by 12 personal service or otherwise are permanently restrained and enjoined from 13 violating, directly or indirectly, Rule 105 of Regulation M under the Securities 14 Exchange Act of 1934, 17 C.F.R. § 242.105. 15 16 II. It is HEREBY Further Ordered, Adjudged, and Decreed that Defendants are 17 jointly and severally liable with each other for disgorgement of $88,335, 18 representing profits gained as a result of the conduct alleged in the Complaint, 19 together with prejudgment interest thereon in the amount of $ 11,665, and a civil 20 penalty in the amount of $50,000 pursuant to Section 21(d)(3) of the Exchange Act, 21 15 U.S.C. ' 78u(d)(3), for a total of $150,000. Defendant shall satisfy this 22 obligation by paying $150,000 within ten (10) business days after entry of this Final 23 Judgment by certified check, bank cashier’s check, or United States postal money 24 order payable to the Securities & Exchange Commission. The payment shall be 25 delivered or mailed to the Office of Financial Management, Securities & Exchange 26 Commission, Operations Center, 6432 General Green Way, Mail Stop 0-3, 27 Alexandria, Virginia 22312, and shall be accompanied by a letter identifying Lion 28 Gate and Rickel as the defendants in this action; setting forth the title and civil 1 1 action number of this action and the name of this Court; and specifying that 2 payment is made pursuant to this Final Judgment. Defendant shall pay post- 3 judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. The 4 Commission shall remit the funds paid pursuant to this paragraph to the United 5 States Treasury. 6 III. 7 It is HEREBY Further Ordered, Adjudged, and Decreed that the Consent is 8 incorporated herein with the same force and effect as if fully set forth herein, and 9 that Defendants shall comply with all of the undertakings and agreements set forth 10 herein. 11 12 IV. It is HEREBY Further Ordered, Adjudged, and Decreed that this Court shall 13 retain jurisdiction of this matter for the purposes of enforcing the terms of this Final 14 Judgment. 15 16 9/24/09 DATED: __________ 17 18 The Honorable Dale S. Fischer 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
