Securities and Exchange Commission v. Pinto-Thomaz et al, No. 1:2018cv05757 - Document 34 (S.D.N.Y. 2019)

Court Description: FINAL JUDGMENT AS TO DEFENDANT JEREMY MILLUL: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section l0(b) of the Securities Exchange Act of 1934 (the "Ex change Act") [15 U.S.C. § 78j(b)] and Rule l0b-5 promulgated thereunder [17 C.F.R. § 240. l0b-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: as further set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $106,806.00, representing profits gained as a result of the conduct al leged in the Complaint, provided, however, that Defendant's obligation to pay disgorgement is deemed satisfied by the order of forfeiture/money judgment of $106,806.00 entered against Defendant in the parallel criminal case titled United St ates v. Pinto-Thomaz et al., Crim. No. 18-579 (S.D.N.Y.). IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. The Court finds that this consent judgment is fair and reasonable under SEC v. Citigroup Global Markets, Inc., 752 F.3d 285 (2d Cir. 2014). The consent judgment is both legal and clear, and it resolves the claims in the complaint. There is no evidence that the consent judgment is tainted by improper collusion or corruption. Thus, this Court is "required to enter" the consent judgment. Id. at 294. SO ORDERED. Jeremy Millul terminated. (Signed by Judge J. Paul Oetken on 12/4/2019) (kv)