Securities and Exchange Commission v. Steven V Cotton, No. 8:2006cv00905 - Document 72 (C.D. Cal. 2009)

Court Description: CONSENT OF DEFENDANT AND FINAL JUDGMENT by Judge Andrew J. Guilford in favor of Securities and Exchange Commission against Steven V Cotton: IT IS ORDERED that Defendant and Defendant's agents, servants, employees, attorneys-in-fact, and all pers ons in active concert or participation with them who receive actual notice of this Final Judgment by Personal service or otherwise are permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933, 15 USC 77q(a), in t he offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly: (See document for further details.) IT IS FURTHER ORDERED that Defendant is liable for disgorgement of $344,976.98, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $62,629.03, for a total of $407,606.01 within twen ty-one calendar days after entry of this Final Judgment by certified check, bank cashier's check, or United States postal money order payable tot he Securities Exchange Commission. The payments shall be delivered or mailed to the Office of Finan cial Management, Securities and Exchange Commission, Operations Center, 6432 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be accompanied by a letter identifying Steven V. Cotton as the defendant in this action; setting fort h the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment. Defendant shall pay post-judgment interest on any delinquent amounts pursuant to 28 USC 1961. The Com mission shall remit the funds paid pursuant to this paragraph to the United States Treasury. IT IS FURTHER ORDERED that defendant shall pay a civil penalty in the amount of $120,000.00 pursuant to Section 20(d) of the Securities Act, 15 USC 77t( d), and Section 21(d)(3) of the Exchange Act, 15 USC 78u(d)(3). Defendant shall make this payment within ninety calendar days after entry of this Final Judgment by certified check, bank cashier's check, or United States postal money order payabl e to the Securities and Exchange Commission. The payment shall be delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, Operations Center, 6432 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be accompanied by a letter identifying Steven V. Cotton as the defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment. Defendant shall pay post-judgment interest on any delinquent amounts pursuant to 28 USC 1961. The Commission shall remit the funds paid pursuant to this paragraph to the United States Treasury. ( MD JS-6. Case Terminated ) (rla)