Securities and Exchange Commission v. Robert Hoddes Jacobs, No. 2:2020cv08604 - Document 11 (C.D. Cal. 2020)
Court Description: FINAL JUDGMENT by Judge John A. Kronstadt. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined. FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for a civil penalty in the amount of $1 57,095.90 pursuant to Section 21A of the Exchange Act [15 USC section 78u-1]. Defendant shall satisfy this obligation by paying $157,095.90 to the Securities and Exchange Commission within 30 days after entry of this Final Judgment. 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. (MD JS-6, Case Terminated). (SEE FINAL JUDGMENT FOR FURTHER SPECIFICS). (jp)
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Securities and Exchange Commission v. Robert Hoddes Jacobs Doc. 11 1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 Plaintiff, 14 15 16 17 Case No. 20-cv-08604-JAK-MAAx vs. ROBERT HODDES JACOBS, Defendant, 18 19 FINAL JUDGMENT 20 21 The Securities and Exchange Commission having filed a Complaint and 22 Defendant Robert Hoddes Jacobs (“Defendant”) having entered a general appearance; 23 consented to the Court’s jurisdiction over Defendant and the subject matter of this 24 action; consented to entry of this Final Judgment without admitting or denying the 25 allegations of the Complaint (except as to jurisdiction and except as otherwise 26 provided herein in paragraph V); waived findings of fact and conclusions of law; and 27 waived any right to appeal from this Final Judgment: 28 1 Dockets.Justia.com I. 1 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 3 permanently restrained and enjoined from violating Section 17(a) of the Securities 4 Act of 1933 (“Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale of any 5 security by the use of any means or instruments of transportation or communication 6 in interstate commerce or by use of the mails, directly or indirectly: 7 (a) to employ any device, scheme, or artifice to defraud; 8 (b) to obtain money or property by means of any untrue statement of a 9 material fact or any omission of a material fact necessary in order to make the 10 statements made, in light of the circumstances under which they were made, 11 not misleading; or 12 (c) 13 operates or would operate as a fraud or deceit upon the purchaser. 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). II. 20 21 to engage in any transaction, practice, or course of business which IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 22 Defendant is permanently restrained and enjoined from violating, directly or 23 indirectly, Section 10(b) of the Securities Exchange Act of 1934 “Exchange Act”) [15 24 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by 25 using any means or instrumentality of interstate commerce, or of the mails, or of any 26 facility of any national securities exchange, in connection with the purchase or sale of 27 any security: 28 (a) to employ any device, scheme, or artifice to defraud; 2 1 (b) to make any untrue statement of a material fact or to omit to state a 2 material fact necessary in order to make the statements made, in the light of the 3 circumstances under which they were made, not misleading; or 4 (c) 5 would operate as a fraud or deceit upon any person. 6 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 7 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 8 binds the following who receive actual notice of this Final Judgment by personal 9 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and to engage in any act, practice, or course of business which operates or 10 attorneys; and (b) other persons in active concert or participation with Defendant or 11 with anyone described in (a). 12 13 III. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that, 14 pursuant to Section 20(e) of the Securities Act [15 U.S.C. § 77t(e)] and 15 Section 21(d)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)], Defendant is 16 prohibited from acting as an officer or director of any issuer that has a class of 17 securities registered pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l] or 18 that is required to file reports pursuant to Section 15(d) of the Exchange Act 19 [15 U.S.C. § 78o(d)] for five (5) years from the date of this judgment. 20 21 IV. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 22 Defendant is liable for a civil penalty in the amount of $157,095.90 pursuant to 23 Section 21A of the Exchange Act [15 U.S.C. § 78u-1]. Defendant shall satisfy this 24 obligation by paying $157,095.90 to the Securities and Exchange Commission within 25 30 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 3 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; identifying Robert Hoddes Jacobs as the defendant in this 10 11 action; and specifying 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. 17 18 19 20 Defendant shall pay post judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. V. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that, 21 solely for purposes of exceptions to discharge set forth in Section 523 of the 22 Bankruptcy Code, 11 U.S.C. § 523, the allegations in the complaint are true and 23 admitted by Defendant, and further, any debt for disgorgement, prejudgment interest, 24 civil penalty or other amounts due by Defendant under this Final Judgment or any 25 other judgment, order, consent order, decree or settlement agreement entered in 26 connection with this proceeding, is a debt for the violation by Defendant of the 27 federal securities laws or any regulation or order issued under such laws, as set forth 28 in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 523(a)(19). 4 1 2 VI. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND 3 DECREED that this Court shall retain jurisdiction of this matter for the purposes of 4 enforcing the terms of this Final Judgment. 5 6 7 8 Dated: September 24, 2020 ____________________________________ John A. Kronstadt United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5
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