Securities and Exchange Commission v. Mattessich et al, No. 1:2018cv05884 - Document 58 (S.D.N.Y. 2019)

Court Description: FINAL JUDGMENT AS TO DEFENDANT JOSEPH (A/K/A JAY) LUDOVICO: The Securities and Exchange Commission having filed a Complaint and Defendant Jospeh Ludovico ("Defendant or "Ludovico") having entered a general appearance; consented to the Courts jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in pa ragraph IV); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indi rectly, Section 17(a)(1) of the Exchange Act [15 U.S.C. § 78q(a)(1)] and Rule 17a-3(a)(19) thereunder [17 C.F.R. § 240.17a-3(a)(19)], by knowingly or recklessly providing substantial assistance to a broker-dealer that failes to make and ke ep current, accurate books and records relating to its business. 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 Final Judgment by personal service or otherwise: (a) Defendants officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). IT IS FURTHER ORDER ED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $25,000.00 to the Securities and Exchange Commission pursuant to Section 21(d)(3) of the Exchange Act. Defendant shall make this payment pursuant to the terms of the payment schedule set forth in paragraph III, below. Ludovico shall pay the total penalty due of $5,000.00 in five installments to the Commission according to the following schedule: (1) $5,000.00 within 10 days of entry of this Fina l Judgment; (2) $5,000.00 within 90 days of entry of this Final Judgment; (3) $5,000.00 within 180 days of entry of this Final Judgment; and (4) $5,000.00 within 270 days of entry of this Final Judgment; and (5) $5,000.00 within 360 days of entry of this Final Judgment. Payments shall be deemed made on the date they are received by the Commission and shall be applied first to post judgment interest, which accrues pursuant to 28 U.S.C. § 1961 on any unpaid amounts due af ter 30 days of the entry of Final Judgment. Prior to making the final payment set forth herein, Joseph Ludovico shall contact the staff of the Commission for the amount due for the final payment and further set forth in this Order. (Joseph Ludovico terminated.) (Signed by Judge Katherine Polk Failla on 12/18/2019) (rro)