Securities and Exchange Commission v. Wahi et al, No. 2:2022cv01009 - Document 109 (W.D. Wash. 2023)
Court Description: FINAL JUDGMENT AS TO DEFENDANT ISHAN WAHI re Plaintiff's 108 MOTION to Approve Consent Judgment. Signed by Judge Tana Lin. (LH)
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Securities and Exchange Commission v. Wahi et al Doc. 109 Case 2:22-cv-01009-TL Document 109 Filed 06/01/23 Page 1 of 3 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON SEATTLE DIVISION 2 3 SECURITIES AND EXCHANGE COMMISSION, 4 Plaintiff, 5 v. 6 ISHAN WAHI, NIKHIL WAHI, and SAMEER RAMANI, Civil Action No. 2:22-cv-1009 FINAL JUDGMENT AS TO DEFENDANT ISHAN WAHI 7 Defendants. 8 9 10 The U.S. Securities and Exchange Commission (the “Commission”) having filed a 11 Complaint and Defendant Ishan Wahi (“Defendant”) having entered a general appearance; 12 consented to the Court’s jurisdiction over Defendant and the subject matter of this action; 13 consented to entry of this Final Judgment; waived findings of fact and conclusions of law; and 14 waived any right to appeal from this Final Judgment. 15 16 17 I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 18 permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the 19 Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 20 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of 21 interstate commerce, or of the mails, or of any facility of any national securities exchange, in 22 connection with the purchase or sale of any security: 23 (a) to employ any device, scheme, or artifice to defraud; 24 (b) to make any untrue statement of a material fact or to omit to state a material fact 25 necessary in order to make the statements made, in the light of the circumstances 26 under which they were made, not misleading; or -1Final Judgment as to Ishan Wahi SEC v. Wahi, et al. Case No. 22-cv-01009 Securities and Exchange Commission 100 F Street NE Washington, DC 20549 Telephone: (202) 551-4737 Dockets.Justia.com Case 2:22-cv-01009-TL Document 109 Filed 06/01/23 Page 2 of 3 1 2 3 4 5 6 7 (c) 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 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) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). 8 9 10 11 12 13 14 15 II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Ishan Wahi is liable for disgorgement of ill-gotten gains as a result of the conduct alleged in the Complaint, plus prejudgment interest thereon, which shall be deemed satisfied as to Defendant by the Consent Preliminary Order of Forfeiture as to Specific Property dated February 7, 2023, to be included in the Judgment entered against Defendant in United States v. Ishan Wahi, No. 1:22-cr-392 (S.D.N.Y.) [ECF No. 78]. 16 17 18 19 20 III. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. 21 22 23 24 25 26 IV. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. § 523, the allegations in the complaint are true and admitted by Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this -2Final Judgment as to Ishan Wahi SEC v. Wahi, et al. Case No. 22-cv-01009 Securities and Exchange Commission 100 F Street NE Washington, DC 20549 Telephone: (202) 551-4737 Case 2:22-cv-01009-TL Document 109 Filed 06/01/23 Page 3 of 3 1 2 3 4 Final Judgment or any other judgment, order, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation by Defendant of the federal securities laws or any regulation or order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 523(a)(19). 5 6 V. 7 8 9 IT IS HEREBY 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. 10 11 VI. 12 13 14 15 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. IT IS SO ORDERED. 16 17 Dated this 1st day of June 2023. 18 A 19 20 Tana Lin United States District Judge 21 22 23 24 25 26 -3Final Judgment as to Ishan Wahi SEC v. Wahi, et al. Case No. 22-cv-01009 Securities and Exchange Commission 100 F Street NE Washington, DC 20549 Telephone: (202) 551-4737
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