Securities and Exchange Commission v. Craig Arsenault et al, No. 8:2018cv02220 - Document 135 (C.D. Cal. 2022)
Court Description: FINAL JUDGMENT AS TO DEFENDANT CRAIG ARSENAULT by Judge David O. Carter. (MD JS-6, Case Terminated).(SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Securities and Exchange Commission v. Craig Arsenault et al Doc. 135 1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, 14 15 FINAL JUDGMENT AS TO DEFENDANT CRAIG ARSENAULT vs. 17 CRAIG ARSENAULT, ATLAS CAPITAL MANAGEMENT, INC., and ACT GLOBAL INVESTMENTS, 18 Defendants. 16 Case No. 8:18-cv-02220-DOC-KES 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 The Securities and Exchange Commission having filed a Complaint and Defendant Craig Arsenault (“Defendant”) having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of the Judgment dated March 5, 2019 (Dkt. Nos. 17, 21) without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in paragraph VI); waived findings of fact and conclusions of law; and waived any right to appeal from that Judgment: I. IT IS ORDERED, ADJUDGED AND DECREED that Defendant is permanently restrained from, directly or indirectly, in connection with the purchase or sale of any security, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange: 14 A. employing any device, scheme or artifice to defraud; 15 B. making any untrue statement of material fact or to omit to state a 16 material fact necessary in order to make the statements made, in light of 17 the circumstances in which they were made, not materially misleading; 18 and 19 20 C. engaging in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person; 21 in violation of Section 10(b) of the Exchange Act [15 U.S.C. § 78j(b)] and Rules 10b- 22 5 thereunder [17 C.F.R. §§ 240.10b-5]. 23 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 24 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 25 binds the following who receive actual notice of this Judgment by personal service or 26 otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and 27 (b) other persons in active concert or participation with Defendant or with anyone 28 described in (a). 1 II. 1 2 3 4 IT IS FURTHER ORDERED that Defendant is permanently restrained and enjoined from, directly or indirectly, in the offer or sale of any securities, by the use of any means or instruments of transportation or communication in interstate commerce or by the use of the mails: 5 6 A. employing any device, scheme or artifice to defraud; 7 B. obtaining money or property by means of any untrue statement of a 8 material fact or any omission to state a material fact necessary in order to 9 make the statements made, in light of the circumstances under which they were made, not misleading; or 10 11 C. operates or would operate as a fraud or deceit upon the purchaser; 12 13 engaging in any transaction, practice, or course of business which in violation of Section 17(a) of the Securities Act, 15 U.S.C. § 77q(a). 14 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 15 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 16 binds the following who receive actual notice of this Judgment by personal service or 17 otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and 18 (b) other persons in active concert or participation with Defendant or with anyone 19 described in (a). 20 21 III. IT IS FURTHER ORDERED that Defendant is permanently restrained and 22 enjoined from: 23 A. prospective client; and 24 25 employing any device, scheme or artifice to defraud any client or B. engaging in any transaction, practice, or course of business which 26 operates or would operate as a fraud or deceit upon any client or 27 prospective client; 28 in violation of Sections 206(1) and (2) of the Advisers Act, 15 U.S.C. §§ 80b-6(1) & 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 80b-6(2). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this l Judgment by personal service or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). IV. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $105,000.00 to the Securities and Exchange Commission pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)], Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)], and Section 209(e) of the Advisers Act [15 U.S.C. § 80b-9(e)]. Defendant shall satisfy this obligation by paying $105,000.00 to the Securities and Exchange Commission within 30 days after the entry of this Final Judgment. Defendant may transmit payment electronically to the Commission, which will provide detailed ACH transfer/Fedwire 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 cashier’s check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 25 and shall be accompanied by a letter identifying the case title, civil action number, 26 and name of this Court; Craig Arsenault as a defendant in this action; and specifying 27 that payment is made pursuant to this Final Judgment. 28 Defendant shall simultaneously transmit photocopies of evidence of payment 3 1 2 3 4 5 6 7 8 9 10 11 and case identifying information to the Commission’s counsel in this action. By making this payment, Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendant. The Commission shall send the funds paid pursuant to this Final Judgment to the United States Treasury. The Commission may enforce the Court’s judgment for penalties by the use of all collection procedures authorized by law, including the Federal Debt Collection Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the violation of any Court orders issued in this action. Defendant shall pay post-judgment interest on any amounts due after 30 days of the entry of this Final Judgment pursuant to 28 USC § 1961. V. 12 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 13 14 15 Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. 16 VI. 17 18 19 20 21 22 23 24 25 26 27 28 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. § 523, the allegations in the complaint are true and admitted by Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this Judgment or any other judgment, order, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation by Defendant of the federal securities laws or any regulation or order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 523(a)(19). /// /// 4 VII. 1 2 3 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 Judgment. 4 5 6 IT IS SO ORDERED. 7 8 9 Dated: August 26, 2022 ________________________________ DAVID O. CARTER UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5
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