Securities and Exchange Commission v. Alex Duain Forester et al, No. 2:2020cv09813 - Document 83 (C.D. Cal. 2022)
Court Description: FINAL JUDGMENT AS TO DEFENDANT SEAN ANDREW O'NEAL by Judge Dolly M. Gee: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Commission's Renewed Motion for Default Judgment Against Defendant Sean Andrew O'Neal 77 is GRANTED. IT IS H EREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined, etc. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant Sean Andrew O'Neal shall pay a civil penalty in the amount of $99,276.00 to the Securities and Exchange Commission. See document for further details. ( MD JS-6. Case Terminated ) (gk)
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Securities and Exchange Commission v. Alex Duain Forester et al Doc. 83 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 SEAN ANDREW O’NEAL [74] [77] 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 26 27 28 This matter came before the Court on plaintiff United States Securities and Exchange Commission’s (“Commission’s”) Renewed Motion for Default Judgment Against Defendants Christopher Byungin Lee and Sean Andrew O’Neal (herein, “Defendant”) [Doc. # 77]. The Court, having considered all the evidence and arguments presented by the parties with regard to the Motion, Plaintiffs’ Memorandum of Points and -1Dockets.Justia.com 1 Authorities in support of the Motion, all other documents filed in support of the Motion, 2 and the record in this action, finds that: I. 3 4 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the 5 Commission’s Renewed Motion for Default Judgment Against Defendant Sean Andrew 6 O’Neal is GRANTED. 7 II. 8 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 9 Defendant is permanently restrained and enjoined from violating, directly or indirectly, 10 Section 15(a)(1) of the Exchange Act [15 U.S.C. § 78o(a)(1)] by using any means or 11 instrumentality of interstate commerce, or of the mails, or of any facility of any national 12 securities exchange, to effect transactions in, or induce or attempt to induce the purchase 13 or sale of, securities while not registered with the Commission as a broker or dealer or 14 while not associated with an entity registered with the Commission as a broker or dealer. 15 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 16 Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the 17 following who receive actual notice of this Judgment by personal service or otherwise: 18 (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other 19 persons in active concert or participation with Defendant or with anyone described in (a). 20 III. 21 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 22 Defendant is permanently restrained and enjoined from, directly or indirectly, including, 23 but not limited to, through any entity owned or controlled by Defendant, soliciting any 24 person or entity to purchase or sell any security. 25 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 26 Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the 27 following who receive actual notice of this Judgment by personal service or otherwise: 28 -2- 1 (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other 2 persons in active concert or participation with Defendant or with anyone described in (a). 3 IV. 4 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 5 Defendant Sean Andrew O’Neal shall pay a civil penalty in the amount of $99,276.00 to 6 the Securities and Exchange Commission pursuant to Section 21(d)(3) of the Exchange 7 Act [15 U.S.C. § 78u(d)(3)]. Defendant shall make this payment within 30 days after 8 entry of this Final Judgment. 9 Defendant may transmit payment electronically to the Commission, which will 10 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be 11 made directly from a bank account via Pay.gov through the SEC website at 12 http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified check, 13 bank cashier’s check, or United States postal money order payable to the Securities and 14 Exchange Commission, which shall be delivered or mailed to 15 Enterprise Services Center 16 Accounts Receivable Branch 17 6500 South MacArthur Boulevard 18 Oklahoma City, OK 73169 19 and shall be accompanied by a letter identifying the case title, civil action number, and 20 name of this Court; Sean Andrew O’Neal as a defendant in this action; and specifying 21 that payment is made pursuant to this Final Judgment. 22 Defendant shall simultaneously transmit photocopies of evidence of payment and 23 case identifying information to the Commission’s counsel in this action. By making this 24 payment, Defendant relinquishes all legal and equitable right, title, and interest in such 25 funds and no part of the funds shall be returned to Defendant. The Commission shall 26 send the funds paid pursuant to this Final Judgment to the United States Treasury. 27 28 The Commission may enforce the Court’s judgment for penalties by the use of all collection procedures authorized by law, including the Federal Debt Collection -3- 1 Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the violation 2 of any Court orders issued in this action. Defendant shall pay post-judgment interest on 3 any amounts due after 30 days of the entry of this Final Judgment pursuant to 28 USC § 4 1961. V. 5 6 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that, 7 solely for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy 8 Code, 11 U.S.C. § 523, the allegations in the complaint are true and admitted by 9 Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or 10 other amounts due by Defendant under this Final Judgment or any other judgment, order, 11 consent order, decree or settlement agreement entered in connection with this proceeding, 12 is a debt for the violation by Defendant of the federal securities laws or any regulation or 13 order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 14 11 U.S.C. § 523(a)(19) VI. 15 16 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that this 17 Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 18 Final Judgment. VII. 19 20 There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of 21 Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without 22 further notice. 23 24 25 DATED: July 18, 2022 ________________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 26 27 28 -4-
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