-MAN Securities and Exchange Commission v. Angelo Mozilo et al, No. 2:2009cv03994 - Document 486 (C.D. Cal. 2010)

Court Description: FINAL JUDGMENT AS TO DEFENDANT ERIC SIERACKI by Judge John F. Walter. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Sieracki and Sieracki's, servants, employees, attorneys-in-fact, and all persons in active concert or participation with them w ho receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined. FURTHER ORDERED, ADJUDGED AND DECREED that Sieracki shall pay a civil penalty in the amount of $130,000 pursuant to Section 20(d)(1) of the Securities Act, 15 U.S.C. § 77t(d)(1), and Section 21(d)(3) of the Exchange Act, 15 U.S.C. § 78u(d)(3). Sieracki shall satisfy his obligation to pay the civil penalty by causing the payment of $130,000 within twenty business days of the issuance of this Final Judgment (see attached Final Judgment for further information). Related to: Settlement Agreement 483 . (jp)

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-MAN Securities and Exchange Commission v. Angelo Mozilo et al 1 2 3 4 5 6 7 8 9 10 Doc. 486 JOHN M. McCOY III, Cal. Bar No. 166244 E-mail: mccoyj@sec.gov SPENCER E. BENDELL, Cal. Bar No. 181220 E-mail: bendells@sec.gov LYNN M. DEAN, Cal. Bar No. 205562 E-mail: deanl@sec.gov SAM S. PUATHASNANON, Cal. Bar No. 198430 E-mail: puathasnanons@sec.gov PARIS WYNN, Cal. Bar No. 198430 E-mail: wynnp@sec.gov 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 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 16 SECURITIES AND EXCHANGE COMMISSION, Case No. CV 09-3994 JFW (MANx) 17 Plaintiff, FINAL JUDGMENT AS TO DEFENDANT ERIC SIERACKI 18 19 20 21 vs. ANGELO MOZILO, DAVID SAMBOL, AND ERIC SIERACKI, Defendants. 22 23 24 25 26 27 28 Dockets.Justia.com 1 The Securities and Exchange Commission having filed a Complaint For 2 Violations of the Federal Securities Laws (“Complaint”) and Defendant Eric 3 Sieracki (“Sieracki”) having entered a general appearance; consented to the 4 Court’s jurisdiction over Sieracki and the subject matter of this action; consented 5 to entry of this Final Judgment without admitting or denying the allegations of the 6 Complaint (except as to jurisdiction); waived findings of fact and conclusions of 7 law; and waived any right to appeal from this Final Judgment: I. 8 9 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Sieracki 10 and Sieracki’s, servants, employees, attorneys-in-fact, and all persons in active 11 concert or participation with them who receive actual notice of this Final Judgment 12 by personal service or otherwise are permanently restrained and enjoined from 13 violating Sections 17(a) (2) and (3) of the Securities Act of 1933 (the “Securities 14 Act”), 15 U.S.C. § 77q(a)(2) and (3), in the offer or sale of any security by the use 15 of any means or instruments of transportation or communication in interstate 16 commerce or by use of the mails, directly or indirectly: 17 to obtain money or property by means of any untrue statement of a 18 material fact or any omission of a material fact necessary in order to 19 make the statements made, in light of the circumstances under which 20 they were made, not misleading; or 21 to engage in any transaction, practice, or course of business which 22 operates or would operate as a fraud or deceit upon the purchaser. 23 II. 24 25 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Sieracki 26 shall pay a civil penalty in the amount of $130,000 pursuant to Section 20(d)(1) of 27 the Securities Act, 15 U.S.C. § 77t(d)(1), and Section 21(d)(3) of the Exchange 28 Act, 15 U.S.C. § 78u(d)(3). 2 1 Sieracki shall satisfy his obligation to pay the civil penalty by causing the 2 payment of $130,000 within twenty business days of the issuance of this Final 3 Judgment, as directed in writing by the Commission’s counsel in this action, either 4 to the Clerk of this Court or to the designated escrow agent for the settlement funds 5 in the action styled In re Countrywide Financial Corporation Securities Litigation, 6 Lead Case No. CV 07-05295 MRP (MANx) (C.D. Cal.) (“CFCSL”), together with 7 a cover letter identifying Sieracki as a defendant in this action; setting forth the 8 title and civil action number of this action and the name of this Court; and 9 specifying that payment is being made pursuant to this Final Judgment. Sieracki 10 shall simultaneously transmit photocopies of such payment and letter to the 11 Commission’s counsel in this action. By making this payment, Sieracki 12 relinquishes all legal and equitable right, title, and interest in such funds, and no 13 part of the funds shall be returned to Sieracki. Sieracki shall pay post-judgment 14 interest on any delinquent amounts pursuant to 28 U.S. C. § 1961. 15 The Clerk shall deposit any such funds received by the Clerk into an interest 16 bearing account. These funds, together with any interest and income earned 17 thereon (collectively, the “Fund”), shall be held in the interest bearing account 18 until further order of the Court. In accordance with 28 U.S.C. § 1914 and the 19 guidelines set by the Director of the Administrative Office of the United States 20 Courts, the Clerk is directed, without further order of this Court, to deduct from the 21 income earned on the money in the Fund a fee equal to ten percent of the income 22 earned on the Fund. Such fee shall not exceed that authorized by the Judicial 23 Conference of the United States. 24 The Commission may propose by motion, or the parties may propose by 25 stipulation, a plan to distribute the Fund subject to the Court’s approval. Such a 26 plan may provide that the Fund shall be distributed pursuant to the Fair Fund 27 provisions of Section 308(a) of the Sarbanes-Oxley Act of 2002. 28 3 1 III. 2 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 3 Consent is incorporated herein with the same force and effect as if fully set forth 4 herein, and that Sieracki shall comply with all of the undertakings and agreements 5 set forth therein. 6 IV. 7 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this 8 Court shall retain jurisdiction of this matter for the purposes of enforcing the terms 9 of this Final Judgment. 10 11 V. There being no just reason for delay, pursuant to Rule 54(b) of the Federal 12 Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment 13 forthwith and without further notice. This Final Judgment shall fully and finally 14 dispose of all claims asserted in the complaint against Sieracki. 15 16 17 18 Dated: 10/15/10 __________________________________ HONORABLE JOHN F. WALTER UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 4

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