Securities and Exchange Commission v. Nicholas Geranio et al, No. 2:2012cv04257 - Document 47 (C.D. Cal. 2013)

Court Description: FINAL JUDGMENT AS TO DEFENDANTS NICHOLAS L. GERANIO, THE GOOD ONE, INC., KALEIDOSCOPE REAL ESTATE, INC. AND RELIEF DEFENDANT BWRE HAWAII, LLC by Judge Beverly Reid O'Connell. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants and Defend ants, 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, direc tly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C.78J(B)] and Rule 10b-5 promulgated thereunder [17 C.F.R. 240.10b-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. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants are jointly and severally liable for disgorgement of $ ;2,135,000, representing income gained as a result of the conduct alleged in the Complaint, together with prejudgement interest thereon in the amount of $427,270, and a civil penalty in the amount of $500,000 pursuant to Section 20(d) of th e Securities Act [15 U.S.C. 77t(d) and Section 21(d) of the Exchange Act [15 U.S.C. 78u(d)], for a total of $3,062,270. In addition, the Relief Defendant is jointly and severally liable with Defendants for additional disgorgement of $240,00 0, together with prejudgment interest thereon in the amount of $55,295, for a total of $295,295. In addition, Defendant Geranio is liable for additional disgorgement of $279,000, representing monies received by another Defendant, Keith Filed, as alleged in the Complaint, together with prejudgment interest thereon in the amount of $55,835, for a total of $334,835, provided that the Commission shall not obtain double recovery from Geranio and Field. These amount shall be due and owing to the SEC 15 days after entry of this Final Judgment. (See document for further details) (bp).