Securities and Exchange Commission v. Bohra et al, No. 2:2020cv01434 - Document 12 (W.D. Wash. 2020)
Court Description: FINAL JUDGMENT AS TO DEFENDANT VIKY BOHRA: Defendant is liable for disgorgement of $321,695.22, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $26,672.41. Defendant shall satisfy this obligation by paying $348,367.63 to the Securities and Exchange Commission. Signed by U.S. District Judge John C. Coughenour. (MW)
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Securities and Exchange Commission v. Bohra et al Doc. 12 THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 SECURITIES AND EXCHANGE COMMISSION, CASE NO. C20-1434-JCC FINAL JUDGMENT AS TO DEFENDANT VIKY BOHRA Plaintiff, v. 12 13 LAKSHA BOHRA, VIKY BOHRA, and GOTHAM BOHRA, 14 Defendants. 15 16 The Securities and Exchange Commission having filed a Complaint and Defendant Viky 17 Bohra (“Defendant”) having entered a general appearance; consented to the Court’s jurisdiction 18 over Defendant and the subject matter of this action; consented to entry of this Final Judgment; 19 waived findings of fact and conclusions of law; and waived any right to appeal from this Final 20 Judgment (Dkt. No. 3): 21 I. 22 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 23 permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the 24 Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 25 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of 26 C20-1434-JCC PAGE - 1 Dockets.Justia.com 1 interstate commerce, or of the mails, or of any facility of any national securities exchange, in 2 connection with the purchase or sale of any security: 3 (a) to employ any device, scheme, or artifice to defraud; 4 (b) to make any untrue statement of a material fact or to omit to state a material fact 5 necessary in order to make the statements made, in the light of the circumstances 6 under which they were made, not misleading; or 7 (c) 8 9 to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 10 Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who 11 receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s 12 officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or 13 participation with Defendant or with anyone described in (a). 14 15 II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 16 is liable for disgorgement of $321,695.22, representing profits gained as a result of the conduct 17 alleged in the Complaint, together with prejudgment interest thereon in the amount of 18 $26,672.41. Defendant shall satisfy this obligation by paying $348,367.63 to the Securities and 19 Exchange Commission pursuant to the terms of the payment schedule set forth in paragraph III 20 below after entry of the Final Judgment. 21 Defendant may transmit payment electronically to the Commission, which will provide 22 detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly 23 from a bank account via Pay.gov through the SEC website at 24 http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified check, bank 25 cashier’s check, or United States postal money order payable to the Securities and Exchange 26 Commission, which shall be delivered or mailed to C20-1434-JCC PAGE - 2 1 Enterprise Services Center 2 Accounts Receivable Branch 3 6500 South MacArthur Boulevard 4 Oklahoma City, OK 73169 5 and shall be accompanied by a letter identifying the case title, civil action number, and name of 6 this Court; Viky Bohra as a defendant in this action; and specifying that payment is made 7 pursuant to this Final Judgment. 8 9 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, 10 Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part 11 of the funds shall be returned to Defendant. The Commission shall send the funds paid pursuant 12 to this Final Judgment to the United States Treasury. 13 The Commission may enforce the Court’s judgment for disgorgement and prejudgment 14 interest by moving for civil contempt (and/or through other collection procedures authorized by 15 law) at any time after 30 days following entry of this Final Judgment. Defendant shall pay post 16 judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. 17 18 III. Viky Bohra shall pay the total of disgorgement and prejudgment interest due of 19 $348,367.63 in 3 installments to the Commission according to the following schedule: (1) $ 20 $116,122.54 within 30 days of entry of this Final Judgment; (2) $116,122.54 within 60 days of 21 entry of this Final Judgment; and (3) $116,122.55 within 90 days of entry of this Final Judgment. 22 Payments shall be deemed made on the date they are received by the Commission and shall be 23 applied first to post judgment interest, which accrues pursuant to 28 U.S.C. § 1961 on any unpaid 24 amounts due after 30 days of the entry of Final Judgment. Prior to making the final payment set 25 forth herein, Viky Bohra shall contact the staff of the Commission for the amount due for the 26 final payment. C20-1434-JCC PAGE - 3 1 If Viky Bohra fails to make any payment by the date agreed and/or in the amount agreed 2 according to the schedule set forth above, all outstanding payments under this Final Judgment, 3 including post judgment interest, minus any payments made, shall become due and payable 4 immediately at the discretion of the staff of the Commission without further application to the 5 Court. 6 IV. 7 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is 8 incorporated herein with the same force and effect as if fully set forth herein, and that Defendant 9 shall comply with all of the undertakings and agreements set forth therein. 10 V. 11 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, for purposes of 12 exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. § 523, the 13 allegations in the complaint are true and admitted by Defendant, and further, any debt for 14 disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this 15 Final Judgment or any other judgment, order, consent order, decree or settlement agreement 16 entered in connection with this proceeding, is a debt for the violation by Defendant of the federal 17 securities laws or any regulation or order issued under such laws, as set forth in Section 18 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 523(a)(19). 19 20 21 22 VI. 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 this 16th day of October 2020. 25 A 26 John C. Coughenour UNITED STATES DISTRICT JUDGE 23 24 C20-1434-JCC PAGE - 4
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