Securities and Exchange Commission v. Richard Vu Nguyen et al, No. 8:2019cv01174 - Document 181 (C.D. Cal. 2024)
Court Description: FINAL JUDGMENT AS TO RELIEF DEFENDANT MAI DO by Judge Stephen V. Wilson. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief Defendant is liable for disgorgement of $267,889.64, representing net profits gained as a result of the cond uct alleged in the Complaint, together with prejudgment interest thereon in the amount of $50,899.12, all of which defendant Richard Vu Nguyen shall be jointly and severally liable for with Relief Defendant. Relief Defendant shall satisfy these obligations by paying $318,788.76 to the Securities and Exchange Commission within 30 days after entry of this Final Judgment. (See document for further details). (aco)
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Securities and Exchange Commission v. Richard Vu Nguyen et al Doc. 181 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SECURITIES AND EXCHANGE COMMISSION, 12 Plaintiff, Case No. 8:19-cv-01174-SVW-KES FINAL JUDGMENT AS TO RELIEF DEFENDANT MAI DO 13 vs. 14 15 16 RICHARD VU NGUYEN, A/K/A NGUYEN THANH VU, and NTV FINANCIAL GROUP, INC., Defendants, 17 18 and 19 MAI DO, 20 Relief Defendant. 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 FINAL JUDGMENT AS TO RELIEF DEFENDANT MAI DO 2 The Securities and Exchange Commission having filed a Complaint and 3 Relief Defendant Mai Do (“Relief Defendant”) having entered a general 4 appearance; consented to the Court’s jurisdiction over Relief Defendant and the 5 subject matter of this action; consented to entry of this Final Judgment without 6 admitting or denying the allegations of the Complaint (except as to jurisdiction and 7 except as otherwise provided herein in paragraph II); waived findings of fact and 8 conclusions of law; and waived any right to appeal from this Final Judgment: 9 10 I. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 11 that Relief Defendant is liable for disgorgement of $267,889.64, representing net 12 profits gained as a result of the conduct alleged in the Complaint, together with 13 prejudgment interest thereon in the amount of $50,899.12, all of which defendant 14 Richard Vu Nguyen shall be jointly and severally liable for with Relief Defendant. 15 Relief Defendant shall satisfy these obligations by paying $318,788.76 to the 16 Securities and Exchange Commission within 30 days after entry of this Final 17 Judgment. 18 Relief Defendant may transmit payment electronically to the Commission, 19 which will provide detailed ACH transfer/Fedwire instructions upon request. 20 Payment may also be made directly from a bank account via Pay.gov through the 21 SEC website at http://www.sec.gov/about/offices/ofm.htm. Relief Defendant may 22 also pay by certified check, bank cashier’s check, or United States postal money 23 order payable to the Securities and Exchange Commission, which shall be 24 delivered or mailed to 25 26 27 28 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, 1 1 and name of this Court; Mai Do as a relief defendant in this action; and specifying 2 that payment is made pursuant to this Final Judgment. 3 Relief Defendant shall simultaneously transmit photocopies of evidence of 4 payment and case identifying information to the Commission’s counsel in this 5 action. By making this payment, Relief Defendant relinquishes all legal and 6 equitable right, title, and interest in such funds and no part of the funds shall be 7 returned to Defendant. 8 9 The Commission may enforce the Court’s judgment for disgorgement and prejudgment interest by using all collection procedures authorized by law, 10 including, but not limited to, moving for civil contempt at any time after 30 days 11 following entry of this Final Judgment. 12 The Commission may enforce the Court’s judgment for penalties by the use 13 of all collection procedures authorized by law, including the Federal Debt 14 Collection Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil 15 contempt for the violation of any Court orders issued in this action. Relief 16 Defendant shall pay post judgment interest on any amounts due after 30 days of the 17 entry of this Final Judgment pursuant to 28 U.S.C. § 1961. The Commission shall 18 hold the funds, together with any interest and income earned thereon (collectively, 19 the “Fund”), pending further order of the Court. 20 The Commission may propose a plan to distribute the Fund subject to the 21 Court’s approval. Such a plan may provide that the Fund shall be distributed 22 pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act 23 of 2002. The Court shall retain jurisdiction over the administration of any 24 distribution of the Fund and the Fund may only be disbursed pursuant to an Order 25 of the Court. 26 27 28 II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy 2
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