Securities and Exchange Commission v. Scott London et al
Filing
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JUDGMENT by Judge R. Gary Klausner. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendants agents, servants, employees, attorneys are 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: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $1.27 million, representing profits gained as a result of the conduc t alleged in the Complaint. The payment of disgorgement in this case shall be deemed satisfied by the entry of an order of restitution in the parallel criminal action, United States v. Bryan Shaw, Case No. CR13-10314. IT IS HEREBY FURTHER ORDERED, AD JUDGED, AND DECREEDthat Defendant shall pay a civil penalty in the amount of $635,893.00 to theSecurities and Exchange Commission pursuant to 21A of the Exchange Act [15U.S.C. § 78u-1]. Related to: Settlement Agreement, 11 (MD JS-6, Case Terminated). (shb)
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LYNN M. DEAN, Cal. Bar No. 205562
Email: deanl@sec.gov
WILLIAM S. FISKE, Cal. Bar. No. 123071
Email: fiskew@sec.gov
JS-6
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
Lorraine B. Echavarria, Associate Regional Director
John W. Berry, Regional Trial Counsel
5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036
Telephone: (323) 965-3998
Facsimile: (323) 965-3908
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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SECURITIES AND EXCHANGE
COMMISSION,
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FINAL JUDGMENT AS TO
DEFENDANT BRYAN SHAW
Plaintiff,
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Case No. 13-CV-02558 RGK (PJWx)
vs.
SCOTT LONDON AND BRYAN SHAW,
Defendants.
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The Securities and Exchange Commission (“Commission”) having filed a
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Complaint and Defendant Bryan Shaw having entered a general appearance;
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consented to the Court’s jurisdiction over Defendant and the subject matter of this
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action; consented to entry of this Final Judgment; waived findings of fact and
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conclusions of law; and waived any right to appeal from this Final Judgment:
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I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant
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and Defendant’s agents, servants, employees, attorneys, and all persons in active
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concert or participation with them who receive actual notice of this Judgment by
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personal service or otherwise are permanently restrained and enjoined from
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violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of
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1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated
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thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of
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interstate commerce, or of the mails, or of any facility of any national securities
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exchange, in connection with the purchase or sale of any security:
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(a)
to employ any device, scheme, or artifice to defraud;
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(b)
to make any untrue statement of a material fact or to omit to
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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.
II.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
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Defendant is liable for disgorgement of $1.27 million, representing profits gained
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as a result of the conduct alleged in the Complaint. The payment of disgorgement
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in this case shall be deemed satisfied by the entry of an order of restitution in the
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parallel criminal action, United States v. Bryan Shaw, Case No. CR13-10314 (C.D.
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Cal.). In the event that Defendant is not ordered to pay restitution in the criminal
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matter, Defendant shall satisfy this obligation by paying $1.27 million to the
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Commission within 14 days after his sentencing hearing in United States v. Bryan
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Shaw, Case No. CR13-10314 (C.D. Cal.).
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Defendant may transmit payment electronically to the Commission, which
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will provide detailed ACH transfer/Fedwire instructions upon request. Payment
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may also be made directly from a bank account via Pay.gov through the
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Commission website at http://www.sec.gov/about/offices/ofm.htm. Defendant
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may also pay by certified check, bank cashier’s check, or United States postal
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money order payable to the Securities and Exchange Commission, which shall be
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delivered or mailed to
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Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
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and shall be accompanied by a letter identifying the case title, civil action number,
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and name of this Court; Bryan Shaw as a defendant in this action; and specifying
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that payment is made pursuant to this Final Judgment.
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Defendant shall simultaneously transmit photocopies of evidence of
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payment and case identifying information to the Commission’s counsel in this
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action. By making this payment, Defendant relinquishes all legal and equitable
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right, title, and interest in such funds and no part of the funds shall be returned to
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Defendant. The Commission shall send the funds paid pursuant to this Final
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Judgment to the United States Treasury.
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Defendant shall pay post judgment interest on any delinquent amounts
pursuant to 28 U.S.C. § 1961.
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III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED
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that Defendant shall pay a civil penalty in the amount of $635,893.00 to the
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Securities and Exchange Commission pursuant to 21A of the Exchange Act [15
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U.S.C. § 78u-1]. Defendant shall make this payment within 14 days after entry of
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this Final Judgment.
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Defendant may transmit payment electronically to the Commission, which
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will provide detailed ACH transfer/Fedwire instructions upon request. Payment
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may also be made directly from a bank account via Pay.gov through the SEC
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website at http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by
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certified check, bank cashier’s check, or United States postal money order payable
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to the Securities and Exchange Commission, which shall be delivered or mailed to
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Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
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and shall be accompanied by a letter identifying the case title, civil action number,
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and name of this Court; Bryan Shaw as a defendant in this action; and specifying
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that payment is made pursuant to this Final Judgment. Defendant shall
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simultaneously transmit photocopies of evidence of payment and case identifying
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information to the Commission’s counsel in this action. By making this payment,
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Defendant relinquishes all legal and equitable right, title, and interest in such funds
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and no part of the funds shall be returned to Defendant. The Commission shall
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send the funds paid pursuant to this Final Judgment to the United States Treasury.
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Defendant shall pay post-judgment interest on any delinquent amounts pursuant to
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28 USC § 1961.
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IV.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
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Defendant’s Consent is incorporated herein with the same force and effect as if
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fully set forth herein, and that Defendant shall comply with all of the undertakings
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and agreements set forth therein.
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V.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this
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Court shall retain jurisdiction of this matter for the purposes of enforcing the terms
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of this Judgment.
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Dated: August 7, 2013
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UNITED STATES DISTRICT JUDGE
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