Securities and Exchange Commission v. Jack D. Massimino et al, No. 2:2019cv01374 - Document 15 (C.D. Cal. 2019)

Court Description: FINAL JUDGMENT AS TO DEFENDANT ROBERT C. OWEN by Judge John F. Walter. IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from aiding and abetting any violation of Section 13(a) of the Exchange Act. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $20,000 to the Securities and Exchange Commission. (iv)

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Securities and Exchange Commission v. Jack D. Massimino et al 1 2 3 4 5 6 7 8 9 10 11 Doc. 15 Janie L. Frank, Texas Bar No. 07363050 Email: frankj@sec.gov U.S. Securities and Exchange Commission 801 Cherry Street, Suite 1900, Unit #18 Fort Worth, Texas 76102 Telephone: (817) 978-6478 Facsimile: (817) 978-4927 Local Counsel: Douglas M. Miller, California Bar No. 240398 Email: millerdou@sec.gov Securities and Exchange Commission 444 S. Flower Street, Suite 900 Los Angeles, California 90071 Telephone: (323) 965-3837 Facsimile: (213) 443-1904 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 SECURITIES AND EXCHANGE COMMISSION, 17 18 19 20 21 Case No. CV 19-1374 JFW (FFMx) FINAL JUDGMENT AS TO DEFENDANT ROBERT C. OWEN Plaintiff, vs. JACK D. MASSIMINO and ROBERT C. OWEN, Defendants. 22 23 24 25 26 27 28 The Securities and Exchange Commission having filed a Complaint and Defendant Robert C. Owen having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in 1 Dockets.Justia.com 1 paragraph IV); waived findings of fact and conclusions of law; and waived any right 2 to appeal from this Final Judgment: 3 4 I. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 5 Defendant is permanently restrained and enjoined from aiding and abetting any 6 violation of Section 13(a) of the Exchange Act [15 U.S.C. § 78m(a)] and Rules 12b- 7 20, 13a-1, and 13a-11 [17 C.F.R. §§ 240.12b-20, 240.13a-1, 240.13a-11] by 8 providing substantial assistance to an issuer that fails to timely file with the 9 Commission all accurate and complete information, documents, and reports required 10 by the rules and regulations prescribed by the Commission, or by filing forms with 11 the Commission containing false statements of material fact or failing to include such 12 further material information to make the required statements, in light of the 13 circumstances under which they were made, not misleading. 14 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 15 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 16 binds the following who receive actual notice of this Final Judgment by personal 17 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 18 attorneys; and (b) other persons in active concert or participation with Defendant or 19 with anyone described in (a). 20 21 II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 22 shall pay a civil penalty in the amount of $20,000 to the Securities and Exchange 23 Commission pursuant to Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)]. 24 Defendant shall satisfy this obligation by paying $20,000 to the Securities and 25 Exchange Commission within 360 days after entry of this Final Judgment. 26 Defendant may transmit payment electronically to the Commission, which will 27 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also 28 be made directly from a bank account via Pay.gov through the SEC website at 2 1 http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified 2 check, bank cashier’s check, or United States postal money order payable to the 3 Securities and Exchange Commission, which shall be delivered or mailed to 4 Enterprise Services Center 5 Accounts Receivable Branch 6 6500 South MacArthur Boulevard 7 Oklahoma City, OK 73169 8 and shall be accompanied by a letter identifying the case title, civil action number, 9 and name of this Court; Robert C. Owen as a defendant in this action; and specifying 10 11 that payment is made pursuant to this Final Judgment. Defendant shall simultaneously transmit photocopies of evidence of payment 12 and case identifying information to the Commission’s counsel in this action. By 13 making this payment, Defendant relinquishes all legal and equitable right, title, and 14 interest in such funds and no part of the funds shall be returned to Defendant. The 15 Commission shall send the funds paid pursuant to this Final Judgment to the United 16 States Treasury. Defendant shall pay post-judgment interest on any delinquent 17 amounts pursuant to 28 USC § 1961. 18 19 III. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 20 Consent is incorporated herein with the same force and effect as if fully set forth 21 herein, and that Defendant shall comply with all of the undertakings and agreements 22 set forth therein. 23 24 IV. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for 25 purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 26 11 U.S.C. §523, the allegations in the complaint are true and admitted by Defendant, 27 and further, any debt for disgorgement, prejudgment interest, civil penalty or other 28 amounts due by Defendant under this Final Judgment or any other judgment, order, 3 1 consent order, decree or settlement agreement entered in connection with this 2 proceeding, is a debt for the violation by Defendant of the federal securities laws or 3 any regulation or order issued under such laws, as set forth in Section 523(a)(19) of 4 the Bankruptcy Code, 11 U.S.C. §523(a)(19). 5 6 V. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 7 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 8 Final Judgment. 9 VI. 10 There being no just reason for delay, pursuant to Rule 54(b) of the Federal 11 Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith 12 and without further notice. 13 14 15 Dated: March 1, 2019 ____________________________________ UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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