Securities and Exchange Commission v. Patrick Jevon Johnson et al, No. 2:2020cv08985 - Document 216 (C.D. Cal. 2023)
Court Description: FINAL JUDGMENT AS TO DEFENDANT FRANK EKEJIJA by Judge Fred W. Slaughter. IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for a civil penalty in the amount of $195,047 pursuant to Section 21(d)(3) of the Exchange Act, 15 U.S.C. S 78u(d)(3). Defendant shall satisfy this obligation by paying $195,047 to the Securities and Exchange Commission within 30 days after entry of this Final Judgment. See judgment for further details. (lom)
Download PDF
<![CDATA[
Securities and Exchange Commission v. Patrick Jevon Johnson et al Doc. 216 1 2 3 JS-6 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 SOUTHERN DIVISION 12 13 14 SECURITIES AND EXCHANGE COMMISSION, 15 Plaintiff, 16 17 18 19 Case No. 2:20-cv-08985-FWS-DFM FINAL JUDGMENT AS TO DEFENDANT FRANK EKEJIJA vs. PATRICK JEVON JOHNSON, CHARLES EVERETT (aka CHARLY EVERETT), FRANK EKEJIJA, AND NVC FUND, LLC. Defendants. 20 21 22 /// 23 /// 24 /// 25 26 27 28 Dockets.Justia.com 1 This matter came before the Court upon Plaintiff Securities and Exchange 2 Commission’s (“SEC”) Motion for Entry of Civil Penalties against Defendant Frank 3 Ekejija. The Court, having previously entered a July 2, 2021, Partial Judgment as to 4 Defendant Frank Ekejija (Dkt. No. 88), and having now considered the memoranda 5 and evidence filed by the parties, and all other argument and evidence presented to it, 6 and good cause appearing therefore, grants the SEC’s Motion and enters this Final 7 Judgment as to Frank Ekejija (“Defendant”). I. 8 9 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 10 permanently restrained and enjoined from violating, directly or indirectly, Section 11 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. 12 § 78j(b)], and Rule 10b-5 thereunder, 17 C.F.R. § 240.10b-5, in connection with the 13 purchase or sale of any security, by using any means or instrumentality of interstate 14 commerce, or of the mails, or of any facility of any national securities exchange: 15 (a) to employ any device, scheme, or artifice to defraud; or 16 (b) to engage in any transaction, practice, or course of business which 17 operates or would operate as a fraud or deceit upon the purchaser. 18 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 19 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 20 binds the following who receive actual notice of this Final Judgment by personal 21 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 22 attorneys; and (b) other persons in active concert or participation with Defendant or 23 with anyone described in (a). 24 II. 25 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 26 is liable for a civil penalty in the amount of $195,047 pursuant to Section 21(d)(3) of 27 the Exchange Act, 15 U.S.C. § 78u(d)(3). Defendant shall satisfy this obligation by 28 paying $195,047 to the Securities and Exchange Commission within 30 days after 1 1 entry of this Final Judgment. 2 Defendant may transmit payment electronically to the Commission, which will 3 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also 4 be made directly from a bank account via Pay.gov through the SEC website at 5 http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified 6 check, bank cashier’s check, or United States postal money order payable to the 7 Securities and Exchange Commission, which shall be delivered or mailed to 8 9 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 10 11 and shall be accompanied by a letter identifying the case title, civil action number, 12 and name of this Court; Frank Ekejija as a defendant in this action; and specifying 13 that payment is made pursuant to this Final Judgment. 14 Defendant shall simultaneously transmit photocopies of evidence of payment 15 and case identifying information to the Commission’s counsel in this action. By 16 making this payment, Defendant relinquishes all legal and equitable right, title, and 17 interest in such funds and no part of the funds shall be returned to Defendant. 18 The Commission may enforce the Court’s judgment for penalties by the use of 19 all collection procedures authorized by law, including the Federal Debt Collection 20 Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the 21 violation of any Court orders issued in this action. Defendant shall pay post 22 judgment interest on any amounts due after 30 days of the entry of this Final 23 Judgment pursuant to 28 U.S.C. § 1961. The Commission shall hold the funds, 24 together with any interest and income earned thereon (collectively, the “Fund”), 25 pending further order of the Court. 26 The Commission may propose a plan to distribute the Fund subject to the 27 Court’s approval. Such a plan may provide that the Fund shall be distributed 28 pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of 2 1 2002. The Court shall retain jurisdiction over the administration of any distribution 2 of the Fund and the Fund may only be disbursed pursuant to an Order of the Court. Regardless of whether any such Fair Fund distribution is made, amounts 3 4 ordered to be paid as civil penalties pursuant to this Judgment shall be treated as 5 penalties paid to the government for all purposes, including all tax purposes. To 6 preserve the deterrent effect of the civil penalty, Defendant shall not, after offset or 7 reduction of any award of compensatory damages in any Related Investor Action 8 based on Defendant’s payment of disgorgement in this action, argue that it is entitled 9 to, nor shall it further benefit by, offset or reduction of such compensatory damages 10 award by the amount of any part of Defendant’s payment of a civil penalty in this 11 action (“Penalty Offset”). If the court in any Related Investor Action grants such a 12 Penalty Offset, Defendant shall, within 30 days after entry of a final order granting 13 the Penalty Offset, notify the Commission’s counsel in this action and pay the amount 14 of the Penalty Offset to the United States Treasury or to a Fair Fund, as the 15 Commission directs. Such a payment shall not be deemed an additional civil penalty 16 and shall not be deemed to change the amount of the civil penalty imposed in this 17 Judgment. For purposes of this paragraph, a “Related Investor Action” means a 18 private damages action brought against Defendant by or on behalf of one or more 19 investors based on substantially the same facts as alleged in the Complaint in this 20 action. III. 21 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 22 23 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 24 Final Judgment. 25 /// 26 /// 27 /// 28 /// 3 1 IV. 2 There being no just reason for delay, pursuant to Rule 54(b) of the Federal 3 Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith 4 and without further notice. 5 6 7 8 9 DATED: March 22, 2023 Hon. Fred W. Slaughter UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
