SECURITIES AND EXCHANGE COMMISSION v. MURMYLYUK, No. 2:2012cv02272 - Document 14 (D.N.J. 2012)
Court Description: FINAL JUDGMENT ON DEFAULT AND ORDER OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT PETER MURMYLYUK granting 13 Motion for Default Judgment. Signed by Judge Claire C. Cecchi on 11/30/12. (dc, )
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SECURITIES AND EXCHANGE COMMISSION v. MURMYLYUK Doc. 14 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY SE~URITIES AND EXCHANGE COMMISSION, Case No. 2: 12-cv-02272-CCC-J~ Plaintiff, v. PETR MURMYLYUK, Defendant. FINAL JUDGMENT ON DEFAULT AND ORDER OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT PETR MURMYL YUK , AND NOW, this ·3 0 kl;JJ~vo. ~ day of , 2012, upon receipt and consideration of Plaintiff Securities and Exchange Commission's (the ~'Commission") Amended Mot~n for Entry of Default Judgment and the Memorandum of Law in Support of the Motion for Default Judgment filed on October 9, 2012 and the Supplemental Memorandum of Law tiled on October 11, 2012 in support thereof, and it appearing that there is no just reason for delay, and finding that there is sufficient basis herein for the entry of this Final Judgment on Default and Order of Permanent Injunction and Other Relief Against Defendant Petr Murmylyuk ("Final Judgment"), the Motion is GRANTED. I. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defandant and Defendant's agents, servants, employees, attorneys, and all persons in active conc£rt or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 Dockets.Justia.com U.S.f. § 78j(b)] and Rule lOb-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any meruis 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: (a) to employ any device, scheme, or artifice to defraud; (b) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstmces 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. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, attorneys, and all persons 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)ofthe Sec1¢ties Act of 1933 [15 U.S.C. § 77q(a)] in the 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: (a) to employ any device, scheme, or artifice to defraud; (b) to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. III. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $99,400.00, representing ill-gotten gains derived from the conduct alleged in the Amended Complaint, together with prejudgment interest thereot1 in the amount of$2,508.19, and a civil penalty in the amount of$150,000.00 pursuant to Sectiotl20(d) ofthe Securities Act [15 U.S.C. § 77t(d), as amended by 17 C.F.R. § 201.1003] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3), as amended by 17 C.F.R. § 201.1003]. Defendant shall satisfy this obligation by paying $251,908.19 to the Securities and Exchange Conimission within 14 days after 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 front a bank account via Pay.gov through the Commission's website at httpt//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 Codunission, which shall be delivered or mailed to Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying Petr Murmylyuk as a defendant in this a~ion; setting forth the title and civil action number of this action and the name of this Court; anil specifying that payment is made pursuant to this Final Judgment. Defendant shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission's counsel in this action. By making this payment, Defepdant relinquishes all legal and equitable right, title, and interest in such funds and no p~ of the funds shall be returned to Defendant. The Commission shall send the funds paid pursuant ,i to this Final Judgment to the United States Treasury The Commission may enforce the Court's judgment for disgorgement and prejudgment interest by moving for civil contempt (and/or through other collection procedures authoriZed by law)~at any time after 14 days following entry of this Final Judgment. Defendant shall pay post- judgtnent interest on any delinquent amounts pursuant to 28 USC § 1961. IV. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the assets iQ the fraugulent account used by Defendant Murmvlyuk in perpetrating his fraudulent scheme ate a ~~ ' product of his fraud and shall be frozen by TradeStation Securities. Inc. ("TradeStation~') immediatelv upon notice of this Order and transferred to the Commission within 14 days of entry of tllis Order in the manner described below in partial satisfaction of the amount o-wed by Defendant Murmylyuk. The fraudulent account is in the name of Dmitry Tokar and bears the accdunt number ****2798. TradeStation may transmit paym.ent electronicallv to the Con1mission. which will provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly froni a bank account via Pay.gov through the Commission's website at httpi//\\1'\NW.sec.gov/about/of:fices/ofrn.htm. TradeStation mav also pay bv certified check,'bank cashier's check, or United States postal money order payable to the Securities and Exchan&e Commission, 'vhich shall be delivered or mailed to Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and~hall be accompanied by a letter identifying Petr Murmvlyuk as a defendant in this action: settiqg 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. , TradeStation shall simultaneously transmit photocopies of evidence ofpaytnent an4 case identifying information to the Commission's counsel in this action. The Commission shall send the funds paid pursuant to this Final Judgment to the United States Treasury 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 Final Judgment. Dated: 1\})J . '.XJ 2<:J\ -z.. '-HON. CLAIRE C. CECCHI United States District Judge
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