Securities and Exchange Commission v. Thomas Miller et al, No. 2:2017cv00897 - Document 206 (C.D. Cal. 2019)
Court Description: FINAL JUDGMENT AS TO DEFENDANT WILLIAM LIANG by Judge Consuelo B. Marshall. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Section 13(b)(5) of the Exchange Act, 15 U.S.C. Section 78m(b )(5) and Exchange Act Rule 13b2-1 thereunder, 17 C.F.R. Section 240.13b2-1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $35,000 to the Securities and Exchange Commission pursuant to Sect ion 21(d)(3) of the Exchange Act, 15 U.S.C. Section 78u(d). 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. See order for details. (MD JS-6, Case Terminated). (shb)
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Securities and Exchange Commission v. Thomas Miller et al 1 2 3 4 5 6 7 Doc. 206 GARY Y. LEUNG (Cal. Bar No. 302928) Email: leungg@sec.gov LYNN M. DEAN (Cal. Bar No. 205562) Email: deanl@sec.gov Attorneys for Plaintiff Securities and Exchange Commission Michele Wein Layne, Regional Director Amy Jane Longo, Regional Trial Counsel 444 S. Flower Street, Suite 900 Los Angeles, California 90071 Telephone: (323) 965-3998 Facsimile: (213) 443-1904 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 Western Division 13 14 15 SECURITIES AND EXCHANGE COMMISSION, 16 Plaintiff, 17 18 19 20 Case No. 2:17-cv-00897-CBM-RAO FINAL JUDGMENT AS TO DEFENDANT WILLIAM LIANG [JS-6] vs. THOMAS MILLER and WILLIAM LIANG, Defendants. 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 FINAL JUDGMENT AS TO DEFENDANT WILLIAM LIANG 2 The Securities and Exchange Commission having filed a First Amended 3 Complaint and Defendant William Liang having entered a general appearance; 4 consented to the Court’s jurisdiction over Defendant and the subject matter of this 5 action; consented to entry of this Final Judgment without admitting or denying the 6 allegations of the Fourth Claim for Relief of the First Amended Complaint (except as 7 to jurisdiction and except as otherwise provided herein in paragraph IV); waived 8 findings of fact and conclusions of law; and waived any right to appeal from this 9 Final Judgment: I. 10 11 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 12 permanently restrained and enjoined from violating Section 13(b)(5) of the Exchange 13 Act, 15 U.S.C. § 78m(b)(5) and Exchange Act Rule 13b2-1 thereunder, 17 C.F.R. § 14 240.13b2-1. 15 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 16 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 17 binds the following who receive actual notice of this Final Judgment by personal 18 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 19 attorneys; and (b) other persons in active concert or participation with Defendant or 20 with anyone described in (a). 21 22 II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 23 shall pay a civil penalty in the amount of $35,000 to the Securities and Exchange 24 Commission pursuant to Section 21(d)(3) of the Exchange Act, 15 U.S.C. § 78u(d). 25 Defendant shall make payment of the first $10,000 of this amount within 14 days 26 after entry of this Final Judgment. The remaining $25,000, plus post-judgment 27 interest, which shall accrue pursuant to 28 U.S.C. §1961, shall be paid on or before 28 365 days from the entry of this Final Judgment. Prior to making the final payment set 1 1 forth herein, Liang shall contact the staff of the Commission for the amount due for 2 the final payment. 3 If Liang fails to make the first payment within 14 days, all outstanding 4 payments under this Final Judgment, including post-judgment interest, minus any 5 payments made, shall become due and payable immediately at the discretion of the 6 staff of the Commission without further application to the Court. 7 Defendant may transmit payment electronically to the Commission, which will 8 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also 9 be made directly from a bank account via Pay.gov through the SEC website at 10 http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified 11 check, bank cashier’s check, or United States postal money order payable to the 12 Securities and Exchange Commission, which shall be delivered or mailed to: 13 14 15 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 16 and shall be accompanied by a letter identifying the case title, civil action number, 17 and name of this Court; William Liang as a defendant in this action; and specifying 18 that payment is made pursuant to this Final Judgment. 19 Defendant shall simultaneously transmit photocopies of evidence of payment 20 and case identifying information to the Commission’s counsel in this action. By 21 making this payment, Defendant relinquishes all legal and equitable right, title, and 22 interest in such funds and no part of the funds shall be returned to Defendant. The 23 Commission shall send the funds paid pursuant to this Final Judgment to the United 24 States Treasury. Defendant shall pay post-judgment interest on any delinquent 25 amounts pursuant to 28 USC § 1961. 26 27 28 2 1 2 III. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 3 Consent is incorporated herein with the same force and effect as if fully set forth 4 herein, and that Defendant shall comply with all of the undertakings and agreements 5 set forth therein. IV. 6 7 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for 8 purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 9 11 U.S.C. §523, the allegations in the Fourth Claim for Relief of the First Amended 10 Complaint are true and admitted by Defendant, and further, any debt for 11 disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant 12 under this Final Judgment or any other judgment, order, consent order, decree or 13 settlement agreement entered in connection with this proceeding, is a debt for the 14 violation by Defendant of the federal securities laws or any regulation or order issued 15 under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. 16 §523(a)(19). V. 17 18 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 19 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 20 Final Judgment. 21 VI. 22 There being no just reason for delay, pursuant to Rule 54(b) of the Federal 23 Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith 24 and without further notice. 25 26 27 28 Dated: April 17, 2019 ____________________________________ HON. CONSUELO B. MARSHALL UNITED STATES DISTRICT JUDGE 3
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