Securities and Exchange Commission v. Alex Duain Forester et al, No. 2:2020cv09813 - Document 73 (C.D. Cal. 2021)

Court Description: FINAL JUDGMENT AS TO DEFENDANT MICHAEL ROY RAYNOR by Judge Dolly M. Gee: The Securities and Exchange Commission having filed a Complaint and Defendant Michael Roy Raynor 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; waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment 69 : IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 15(a)(1) of the Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. Section 78o(a)(1)], etc. Defendant shall pay a civil penalty in the amount of $12,594.42 to the Securities and Exchange Commission pursuant to 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. 73 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 9 10 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 Plaintiff, 14 15 vs. 21 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, 22 Defendants. 16 17 18 19 20 Case No. CV 20-9813 DMG (AFMx) FINAL JUDGMENT AS TO DEFENDANT MICHAEL ROY RAYNOR [69] 23 24 25 26 27 28 Dockets.Justia.com 1 The Securities and Exchange Commission having filed a Complaint and 2 Defendant Michael Roy Raynor having entered a general appearance; consented to 3 the Court’s jurisdiction over Defendant and the subject matter of this action; 4 consented to entry of this Final Judgment; waived findings of fact and conclusions 5 of law; and waived any right to appeal from this Final Judgment: 6 I. 7 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant 8 is permanently restrained and enjoined from violating, directly or indirectly, 9 Section 15(a)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) [15 10 U.S.C. § 78o(a)(1)] by using any means or instrumentality of interstate commerce, 11 or of the mails, or of any facility of any national securities exchange, to effect 12 transactions in, or induce or attempt to induce the purchase or sale of, securities 13 (other than an exempt security or commercial paper, bankers’ acceptance, or 14 commercial bills) unless Defendant is registered in accordance with Section 15(b) 15 or the Exchange Act [15 U.S.C. § 778o(b)]. 16 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 17 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 18 binds the following who receive actual notice of this Judgment by personal service 19 or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; 20 and (b) other persons in active concert or participation with Defendant or with 21 anyone described in (a). II. 22 23 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 24 that, pursuant to Section 21(d)(5) of the Exchange Act [15 U.S.C. § 78u(d)(5)] 25 Defendant is permanently restrained and enjoined from, directly or indirectly, 26 including, but not limited to, through any entity owned or controlled by Defendant, 27 soliciting any person or entity to purchase or sell any security. 28 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 1 1 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 2 binds the following who receive actual notice of this Judgment by personal service 3 or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; 4 and (b) other persons in active concert or participation with Defendant or with 5 anyone described in (a). III. 6 7 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 8 that Defendant shall pay a civil penalty in the amount of $12,594.42 to the 9 Securities and Exchange Commission pursuant to 21(d)(3) of the Exchange Act 10 [15 U.S.C. § 78u(d)(3)]. Defendant shall make this payment within 30 days after 11 entry of this Final Judgment. 12 Defendant may transmit payment electronically to the Commission, which 13 will provide detailed ACH transfer/Fedwire instructions upon request. Payment 14 may also be made directly from a bank account via Pay.gov through the SEC 15 website at http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by 16 certified check, bank cashier’s check, or United States postal money order payable 17 to the Securities and Exchange Commission, which shall be delivered or mailed to 18 Enterprise Services Center 19 Accounts Receivable Branch 20 6500 South MacArthur Boulevard 21 Oklahoma City, OK 73169 22 and shall be accompanied by a letter identifying the case title, civil action number, 23 and name of this Court; Michael Roy Raynor as a defendant in this action; and 24 specifying that payment is made pursuant to this Final Judgment. 25 Defendant shall simultaneously transmit photocopies of evidence of 26 payment and case identifying information to the Commission’s counsel in this 27 action. By making this payment, Defendant relinquishes all legal and equitable 28 right, title, and interest in such funds and no part of the funds shall be returned to 2 1 Defendant. The Commission shall send the funds paid pursuant to this Final 2 Judgment to the United States Treasury. 3 The Commission may enforce the Court’s judgment for penalties by the use 4 of all collection procedures authorized by law, including the Federal Debt 5 Collection Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil 6 contempt for the violation of any Court orders issued in this action. Defendant 7 shall pay post-judgment interest on any amounts due after 30 days of the entry of 8 this Final Judgment pursuant to 28 USC § 1961. IV. 9 10 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 11 that the Stipulation and Consent is incorporated herein with the same force and 12 effect as if fully set forth herein, and that Defendant shall comply with all of the 13 undertakings and agreements set forth therein. 14 V. 15 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 16 that, solely for purposes of exceptions to discharge set forth in Section 523 of the 17 Bankruptcy Code, 11 U.S.C. §523, the allegations in the Complaint are true and 18 admitted by Defendant, and further, any debt for disgorgement, prejudgment 19 interest, civil penalty or other amounts due by Defendant under this Final 20 Judgment or any other judgment, order, consent order, decree or settlement 21 agreement entered in connection with this proceeding, is a debt for the violation by 22 Defendant of the federal securities laws or any regulation or order issued under 23 such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. 24 §523(a)(19). VI. 25 26 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 27 that this Court shall retain jurisdiction of this matter for the purposes of enforcing 28 the terms of this Final Judgment. 3 VII. 1 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 Judgment forthwith and 4 without further notice. 5 6 7 DATED: December 27, 2021 ____________________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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