Securities and Exchange Commission v. Alex Duain Forester et al, No. 2:2020cv09813 - Document 72 (C.D. Cal. 2021)
Court Description: FINAL JUDGMENT AS TO DEFENDANT LEE SOBEL by Judge Dolly M. Gee: The Court having granted in part Plaintiff United States Securities and Exchange Commission's ("Commission") Motion for Summary Judgment as to Defendant Lee Sobel ("D efendant") 61 by Order dated 9/17/2021 63 , IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 15(a)(1) of the Exchange Act [15 U.S.C. Sect ion 78o(a)(1)], etc. Defendant shall pay a civil penalty in the amount of $3,000 to the Securities and Exchange Commission pursuant to Section 21(d)(3) of the Exchange Act [15 U.S.C. Section 78u(d)(3)] within 30 days after entry of this Final Judgment. See document for further details. (gk)
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Securities and Exchange Commission v. Alex Duain Forester et al Doc. 72 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 Case No.: CV 20-9813-DMG (AFMx) SECURITIES AND EXCHANGE COMMISSION, FINAL JUDGMENT AS TO DEFENDANT LEE SOBEL [61] 12 13 Plaintiff, 14 vs. 15 16 17 18 19 20 21 22 ALEX DUAIN FORESTER, an individual; MICHAEL ROBERT HICKS, an individual; YARDEN MOSHE MONY KRAMPF, an individual; CHRISTOPHER BYUNGIN LEE, an individual; SEAN ANDREW O’NEAL, an individual; MICHAEL ROY RAYNOR, an individual; and LEE SOBEL, an individual, Defendants. 23 24 25 The Court having granted in part Plaintiff United States Securities and Exchange 26 Commission’s (“Commission’s”) Motion for Summary Judgment as to Defendant Lee 27 Sobel (“Defendant”) by Order dated September 17, 2021 [Doc. # 63], the Court 28 ORDERS as follows: -1Dockets.Justia.com 1 I. 2 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 3 Defendant is permanently restrained and enjoined from violating, directly or indirectly, 4 Section 15(a)(1) of the Exchange Act [15 U.S.C. § 78o(a)(1)] by using any means or 5 instrumentality of interstate commerce, or of the mails, or of any facility of any national 6 securities exchange, to effect transactions in, or induce or attempt to induce the purchase 7 or sale of, securities while not registered with the Commission as a broker or dealer or 8 while not associated with an entity registered with the Commission as a broker or dealer. 9 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 10 Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the 11 following who receive actual notice of this Judgment by personal service or otherwise: 12 (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other 13 persons in active concert or participation with Defendant or with anyone described in (a). 14 II. 15 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 16 Defendant is permanently restrained and enjoined from, directly or indirectly, including, 17 but not limited to, through any entity owned or controlled by Defendant, soliciting any 18 person or entity to purchase or sell any security. 19 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 20 Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the 21 following who receive actual notice of this Judgment by personal service or otherwise: 22 (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other 23 persons in active concert or participation with Defendant or with anyone described in (a). 24 III. 25 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 26 Defendant shall pay a civil penalty in the amount of $3,000 to the Securities and 27 Exchange Commission pursuant to Section 21(d)(3) of the Exchange Act [15 U.S.C. § 28 -2- 1 78u(d)(3)]. Defendant shall make this payment within 30 days after entry of this Final 2 Judgment. Defendant may transmit payment electronically to the Commission, which will 3 4 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be 5 made directly from a bank account via Pay.gov through the SEC website at 6 http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified check, 7 bank cashier’s check, or United States postal money order payable to the Securities and 8 Exchange Commission, which shall be delivered or mailed to Enterprise Services Center 9 10 Accounts Receivable Branch 11 6500 South MacArthur Boulevard 12 Oklahoma City, OK 73169 13 and shall be accompanied by a letter identifying the case title, civil action number, and 14 name of this Court; Lee Sobel as a defendant in this action; and specifying that payment 15 is made pursuant to this Final Judgment. 16 Defendant shall simultaneously transmit photocopies of evidence of payment and 17 case identifying information to the Commission’s counsel in this action. By making this 18 payment, Defendant relinquishes all legal and equitable right, title, and interest in such 19 funds and no part of the funds shall be returned to Defendant. The Commission shall send 20 the funds paid pursuant to this Final Judgment to the United States Treasury. The Commission may enforce the Court’s judgment for penalties by the use of all 21 22 collection procedures authorized by law, including the Federal Debt Collection 23 Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the violation 24 of any Court orders issued in this action. Defendant shall pay post-judgment interest on 25 any amounts due after 30 days of the entry of this Final Judgment pursuant to 28 USC § 26 1961. 27 28 -3- IV. 1 2 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that, 3 solely for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy 4 Code, 11 U.S.C. §523, the allegations in the complaint are true and admitted by 5 Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or 6 other amounts due by Defendant under this Final Judgment or any other judgment, order, 7 consent order, decree or settlement agreement entered in connection with this proceeding, 8 is a debt for the violation by Defendant of the federal securities laws or any regulation or 9 order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 10 11 U.S.C. §523(a)(19) V. 11 12 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 13 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final 14 Judgment. VI. 15 16 There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of 17 Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without 18 further notice. 19 IT IS SO ORDERED. 20 21 22 DATED: December 27, 2021 ________________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 -4-
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