Securities and Exchange Commission v. Mark Loman, No. 2:2019cv06187 - Document 35 (C.D. Cal. 2022)
Court Description: FINAL JUDGMENT AS TO DEFENDANT MARK LOMAN 34 by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Sec urities Exchange Act of 1934. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $482,050 to the Securities and Exchange Commission pursuant to Section 21A of the Exchange Act. See judgment for details. (MD JS-6, Case Terminated). (lom)
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Securities and Exchange Commission v. Mark Loman Doc. 35 1 ERIN E. SCHNEIDER (Cal. Bar No. 216114) SchneiderE@sec.gov 2 MONIQUE C. WINKLER (Cal. Bar No. 213031) WinklerM@sec.gov 3 SHEILA E. O’CALLAGHAN (Cal. Bar No. 131032) OCallaghanS@sec.gov 4 JOHN K. HAN (Cal. Bar No. 208086) JS-6 HanJo@sec.gov 5 RUTH L. HAWLEY (Cal. Bar No. 253112) HawleyR@sec.gov 6 Attorneys for Plaintiff 7 SECURITIES AND EXCHANGE COMMISSION 44 Montgomery Street, Suite 2800 8 San Francisco, California 94104 Telephone: (415) 705-2500 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 WESTERN DIVISION 14 15 SECURITIES AND EXCHANGE 16 COMMISSION, Plaintiff, 17 FINAL JUDGMENT AS TO DEFENDANT MARK LOMAN v. 18 19 Case No. 2:19-cv-06187-MWF (AGRx) MARK LOMAN, 20 Defendant. 21 22 The Securities and Exchange Commission having filed a Complaint and 23 Defendant Mark Loman having entered a general appearance; consented to the Court’s 24 jurisdiction over Defendant and the subject matter of this action; consented to entry of 25 this Final Judgment waived findings of fact and conclusions of law; and waived any 26 right to appeal from this Final Judgment: 27 /// 28 /// CASE NO. 2:19-cv-06187 FINAL JUDGMENT Dockets.Justia.com 1 I. 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 3 Defendant is permanently restrained and enjoined from violating, directly or indirectly, 4 Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. 5 § 78j(b)] and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5], by using any means or 6 instrumentality of interstate commerce, or of the mails, or of any facility of any 7 national securities exchange, in connection with the purchase or sale of any security: 8 (a) to employ any device, scheme, or artifice to defraud; 9 (b) to make any untrue statement of a material fact or to omit to state a 10 material fact necessary in order to make the statements made, in the light 11 of the circumstances under which they were made, not misleading; or 12 (c) 13 14 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 15 in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the 16 following who receive actual notice of this Final Judgment by personal service or 17 otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and 18 (b) other persons in active concert or participation with Defendant or with anyone 19 described in (a). 20 21 II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to 22 Section 21(d)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)], Defendant is prohibited 23 from acting as an officer or director of any issuer that has a class of securities 24 registered pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l] or that is 25 required to file reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. 26 § 78o(d)]. 27 /// 28 /// 2 CASE NO. 2:19-cv-06187 FINAL JUDGMENT 1 2 III. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 3 shall pay a civil penalty in the amount of $482,050 to the Securities and Exchange 4 Commission pursuant to Section 21A of the Exchange Act [15 U.S.C. §78u-1]. 5 Defendant shall make this payment within 30 days after entry of this Final Judgment. 6 Defendant may transmit payment electronically to the Commission, which will 7 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also 8 be made directly from a bank account via Pay.gov through the SEC website at 9 http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified 10 check, bank cashier’s check, or United States postal money order payable to the 11 Securities and Exchange Commission, which shall be delivered or mailed to 12 Enterprise Services Center 13 Accounts Receivable Branch 14 6500 South MacArthur Boulevard 15 Oklahoma City, OK 73169 16 and shall be accompanied by a letter identifying the case title, civil action number, and 17 name of this Court; Mark Loman as a defendant in this action; and specifying that 18 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. 25 The Commission may enforce the Court’s judgment for penalties by the use of 26 all collection procedures authorized by law, including the Federal Debt Collection 27 Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the 28 violation of any Court orders issued in this action. Defendant shall pay post-judgment 3 CASE NO. 2:19-cv-06187 FINAL JUDGMENT 1 interest on any amounts due after 30 days of the entry of this Final Judgment pursuant 2 to 28 USC § 1961. 3 4 IV. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent 5 is incorporated herein with the same force and effect as if fully set forth herein, and 6 that Defendant shall comply with all of the undertakings and agreements set forth 7 therein. 8 9 V. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, for purposes 10 of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. 11 §523, the allegations in the complaint are true and admitted by Defendant, and further, 12 any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by 13 Defendant under this Final Judgment or any other judgment, order, consent order, 14 decree or settlement agreement entered in connection with this proceeding, is a debt 15 for the violation by Defendant of the federal securities laws or any regulation or order 16 issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 17 U.S.C. §523(a)(19). 18 19 VI. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 20 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 21 Final Judgment. 22 23 Dated: April 11, 2022 24 MICHAEL W. FITZGERALD United States District Judge 25 26 27 28 4 CASE NO. 2:19-cv-06187 FINAL JUDGMENT
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