Securities and Exchange Commission v. CalPacific Equity Group, LLC et al, No. 2:2014cv05754 - Document 30 (C.D. Cal. 2016)
Court Description: FINAL JUDGMENT AS TO DEFENDANT DANIEL R. BAKER by Judge John F. Walter that Baker is liable for disgorgement of $40,865, prejudgment interest on disgorgement of $2,086.28, and a civil penalty of $40,865 pursuant to Section 20(d) of the Securities Act of 1933, 15 USC section 77t(d), and Section 21(d)(3) of the Securities Exchange Act of 1934, 15 USC section 78u(d)(3). Baker shall satisfy this obligation by paying $83,816.28 to the Securities and Exchange Commission in five pay ments according to the following schedule: (1)$10,000 within 30 days after entry of this Final Judgment; (2) $10,000 within 90 days after entry of this Final Judgment; (3) $10,000 within 180 days after entry of this Final Judgment; (4) $10,000 within 270 days after entry of this Final Judgment; and (5) $43,816.28 plus any unpaid post-judgment interest amounts within one year after entry of this Final Judgment. (Case CLOSED). (jp)
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Securities and Exchange Commission v. CalPacific Equity Group, LLC et al 1 2 3 4 5 6 7 8 9 10 11 ROBERT K. LEVENSON, pro hac vice Florida Bar No. 0089771 Email: Levensonr@sec.gov SECURITIES AND EXCHANGE COMMISSION 801 Brickell Ave., Suite 1800 Miami, FL 33131 Telephone: (305) 982-6341 Facsimile: (305) 536-4154 Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 5670 Wilshire Boulevard, 11th Floor Los Angeles, CA 90036-3648 Telephone: (323) 965-3998 Facsimile: (323) 965-3908 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 13 15 SECURITIES AND EXCHANGE COMMISSION, 18 19 20 Case No. CV 14-5754-JFW (AGRx) Plaintiff, 16 17 CLOSED – js6 LOCAL COUNSEL: Donald W. Searles, Cal Bar. No. 135705 Email: Searlesd@sec.gov 12 14 Doc. 30 vs. CALPACIFIC EQUITY GROUP, LLC, DANIEL R. BAKER, and DEMOSTHENES DRITSAS Defendants. 21 22 23 FINAL JUDGMENT AS TO DEFENDANT DANIEL R. BAKER The Securities and Exchange Commission having filed a Complaint, and 24 25 26 Defendant Daniel R. Baker having: entered a general appearance; consented to the Court’s jurisdiction over Baker and the subject matter of this action; consented to 27 28 1 Dockets.Justia.com 1 entry of this Final Judgment; waived findings of fact and conclusions of law; and 2 waived any right to appeal from this Final Judgment: 3 I. 4 5 6 7 DISGORGEMENT, PREJUDGMENT INTEREST, AND CIVIL PENALTY IT IS ORDERED AND ADJUDGED that Baker is liable for disgorgement of $40,865, prejudgment interest on disgorgement of $2,086.28, and a civil penalty 8 9 of $40,865 pursuant to Section 20(d) of the Securities Act of 1933 (“Securities 10 Act”), 15 U.S.C. § 77t(d), and Section 21(d)(3) of the Securities Exchange Act of 11 1934 (“Exchange Act”), 15 U.S.C. § 78u(d)(3). 12 13 Baker shall satisfy this obligation by paying $83,816.28 to the Securities and 14 Exchange Commission in five payments according to the following schedule: (1) 15 16 $10,000 within 30 days after entry of this Final Judgment; (2) $10,000 within 90 17 days after entry of this Final Judgment; (3) $10,000 within 180 days after entry of 18 this Final Judgment; (4) $10,000 within 270 days after entry of this Final Judgment; 19 20 and (5) $43,816.28 plus any unpaid post-judgment interest amounts within one year 21 after entry of this Final Judgment. Payments shall be deemed made on the date they 22 are received by the Commission and shall be applied first to post judgment interest, 23 24 which accrues pursuant to 28 U.S.C. § 1961 on any unpaid amounts due after 14 25 days after entry of this Final Judgment. Prior to making the final payment set forth 26 herein, Baker shall contact the staff of the Commission for the amount due for the 27 28 final payment. 2 1 If Baker fails to make any payment by the date agreed and/or in the amount 2 agreed according to the schedule set forth above, all outstanding payments under this 3 Final Judgment, including post-judgment interest, minus any payments made, shall 4 5 become due and payable immediately at the discretion of the staff of the 6 Commission without further application to the Court. 7 Baker may transmit payment electronically to the Commission, which will 8 9 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also 10 be made directly from a bank account via Pay.gov through the Commission website 11 at http://www.sec.gov/about/offices/ofm.htm. Baker may also pay by certified 12 13 check, bank cashier’s check, or United States postal money order payable to the 14 Securities and Exchange Commission, which shall be delivered or mailed to: 15 16 17 18 19 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard HQ Building Room 181, AMZ-341 Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, 20 name of this Court, and Baker’s name as a defendant in this action, and specifying 21 that payment is made pursuant to this Final Judgment. 22 23 Baker shall simultaneously transmit photocopies of evidence of payment and 24 case identifying information to the Commission’s counsel in this action, Robert K. 25 Levenson, Securities and Exchange Commission, 801 Brickell Ave., Suite 1800, 26 27 Miami, FL, 33131. By making these payments, Baker relinquishes all legal and 28 3 1 equitable rights, title, and interest in such funds and no part of the funds shall be 2 returned to Baker. 3 The Commission may enforce the Court’s judgment for disgorgement and 4 5 prejudgment interest by moving for civil contempt (and/or through other collection 6 procedures authorized by law) at any time after 14 days following entry of this Final 7 Judgment. 8 9 The Commission shall hold the funds and may propose a plan to distribute the 10 funds subject to the Court’s approval. The Court shall retain jurisdiction over the 11 administration of any distribution of the funds. If the Commission staff determines 12 13 that the funds will not be distributed, the Commission shall send the funds paid 14 pursuant to this Final Judgment to the United States Treasury. 15 16 17 18 19 20 II. INCORPORATION OF CONSENT IT IS FURTHER ORDERED AND ADJUDGED that Baker’s Consent is incorporated herein with the same force and effect as if fully set forth herein, and 21 that Baker shall comply with all of the undertakings and agreements set forth therein. 22 III. 23 24 EXCEPTION TO BANKRUPTCY DISCHARGE 25 IT IS FURTHER ORDERED AND ADJUDGED that, solely for purposes 26 of exception to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. 27 28 §523, the allegations in the complaint are deemed true and admitted by Baker, and, 4 1 further, any debt for disgorgement or prejudgment interest due by Baker under this 2 Final Judgment is a debt for the violation by Baker of the federal securities laws or 3 any regulation or order under such laws, as set forth in Section 523(a)(19) of the 4 5 Bankruptcy Code, 11 U.S.C. §523(a)(19). 6 IV. 7 RETENTION OF JURISDICTION 8 9 IT IS FURTHER ORDERED AND ADJUDGED that this Court shall retain 10 jurisdiction of this matter for the purposes of enforcing the terms of this Final 11 Judgment. 12 V. 13 RULE 54(b) CERTIFICATION 14 15 16 17 18 19 20 21 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. DONE AND ORDERED in Chambers at Los Angeles, California, this 7th day of April, 2016. 22 _________________________________ THE HON. JOHN F. WALTER UNITED STATES DISTRICT JUDGE 23 24 25 26 Copies: All Counsel and Parties of Record 27 28 5
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