United States Securities and Exchange Commission v. Bryce M. Knight, No. 2:2021mc00003 - Document 13 (C.D. Cal. 2021)
Court Description: FINAL JUDGMENT AS TOBRYCE M. KNIGHT by Judge Michael W. Fitzgerald. It is ORDERED, ADJUDGED AND DECREED that judgment is entered in favor of the United States Securities and Exchange Commission against Defendant Knight for a civil monetary penalty in the amount of $50,000, plus all accrued post-order interest through the entry of this Final Judgment. SEE JUDGMENT FOR DETAILS. (MD JS-6, Case Terminated). (iv)
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United States Securities and Exchange Commission v. Bryce M. Knight Doc. 13 1 JS-6 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE CENTRAL DISTRICT OF CALIFORNIA 6 7 8 9 10 11 UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff/Petitioner, v. Defendant/Respondent. 13 15 16 FINAL JUDGMENT AS TO BRYCE M. KNIGHT BRYCE M. KNIGHT, 12 14 Case No. 2:21-mc-00003-MWF-GJS THIS MATTER comes before the Court on the Plaintiff/Petitioner’s Application for an order compelling Respondent Bryce M. Knight (“Defendant” 17 or “Knight”) to show cause why judgment should not be entered against him 18 pursuant to Section 21(e) of the Securities Exchange Act of 1934 (the “Exchange 19 20 Act”), 15 U.S.C. § 78u(e)(1) (“Section 21(e)”) and Section 42(d) of the 21 Investment Company Act of 1940 (the “Investment Company Act”), 15 U.S.C. § 22 80a-41(d). 23 24 It is ORDERED, ADJUDGED AND DECREED that judgment is 25 entered in favor of the United States Securities and Exchange Commission (the 26 “Commission”) against Defendant Knight for a civil monetary penalty in the 27 28 Dockets.Justia.com 1 2 3 amount of $50,000, plus all accrued post-order interest through the entry of this Final Judgment. 4 It is further ORDERED, ADJUDGED AND DECREED that the amounts 5 awarded herein shall be subject to post-judgment interest, pursuant to § 28 U.S.C. 6 7 8 9 10 11 1961, from the date of this Final Judgment until the date all amounts owed have been paid. It is further ORDERED, ADJUDGED AND DECREED that Defendant may transmit payment(s) electronically to the Commission, which will provide 12 detailed ACH transfer/Fedwire instructions upon request. Payments may also be 13 made directly from a bank account via Pay.gov through the SEC website at 14 15 http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified 16 check, bank cashier’s check, or United States postal money order payable to the 17 Securities and Exchange Commission, which shall be delivered or mailed to 18 19 20 21 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard 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; the name of the defendant in this action making payment; 24 25 26 27 28 and specifying that payment is made pursuant to this Final Judgment. It is further ORDERED, ADJUDGED AND DECREED that Defendant shall simultaneously transmit photocopies of evidence of payment and case 1 2 3 4 5 6 7 identifying information to the Commission’s counsel in this action. By making payment, Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendant. It is further ORDERED, ADJUDGED AND DECREED that the nonmonetary terms of the Commission’s Administrative Order imposed against 8 Defendant on January 14, 2016 are fully incorporated herein and subject to 9 enforcement through this Final Judgment. 10 11 Accordingly, it is hereby further ORDERED that: 12 (a) Defendant Knight shall cease and desist from committing or causing any 13 violations and any future violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) 14 15 of the Exchange Act, and Rules 12b-20, 13a-1, 13a-13, 13a-14, and 13b2-1 16 thereunder, and Sections 23(a) and 34(b) of the Investment Company Act and Rule 17 38a-1 thereunder; 18 19 (b) Defendant Knight is prohibited from serving or acting as an employee, 20 officer, director, member of an advisory board, investment adviser or depositor of, 21 or principal underwriter for, a registered investment company or affiliated person 22 23 of such investment adviser, depositor, or principal underwriter; and 24 (c) Any reapplication for association by Defendant will be subject to the 25 applicable laws and regulations governing the reentry process, and reentry may be 26 27 28 conditioned upon a number of factors, including, but not limited to, the satisfaction 1 2 3 of any or all of the following: (a) any disgorgement ordered against Defendant, whether or not the Commission has fully or partially waived payment of such 4 disgorgement; (b) any arbitration award related to the conduct that served as the 5 basis for the Commission order; (c) any self-regulatory organization arbitration 6 7 award to a customer, whether or not related to the conduct that served as the basis 8 for the Commission order; and (d) any restitution order by a self-regulatory 9 organization, whether or not related to the conduct that served as the basis for the 10 11 Commission order. 12 It is further ORDERED, ADJUDGED AND DECREED that the Court 13 shall retain jurisdiction over this action for all purposes, including to implement 14 15 and enforce the terms of this Final Judgment; and all other orders and decrees 16 which may have been or may be entered in this case, and to grant such relief as 17 this Court may deem necessary and just. 18 19 It is further ORDERED, ADJUDGED, AND DECREED that, solely for 20 purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy 21 Code, 11 U.S.C. §523, the allegations in the application are true and admitted by 22 23 24 25 26 27 28 Defendant, and further, any debt for disgorgement, civil penalty or other amounts due by Defendant under this Final Judgment or any other judgment, order, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation of the federal securities laws or any regulation or order 1 2 3 issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. §523(a)(19). 4 5 Dated this 2nd day of April, 2021 6 7 ___________________________________ United States District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Presented by: /s/ Shuman Sohrn Shuman Sohrn (pro hac vice pending) Attorney for U.S. Securities and Exchange Commission
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