Securities and Exchange Commission v. Richard Jonathan Eden et al, No. 2:2022cv04833 - Document 26 (C.D. Cal. 2023)
Court Description: FINAL JUDGMENT AS TO DEFENDANT EDEN AND HILE, INC. by Judge David O. Carter. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $303,000.00, representing net profits gained as a result of the cond uct alleged in the Complaint, together with prejudgment interest thereon in the amount of $15,498.45. Defendant shall satisfy this obligation by paying $318,498.45 to the Securities and Exchange Commission within 30 days after entry of this Final Judgment. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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Securities and Exchange Commission v. Richard Jonathan Eden et al Doc. 26 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 8 9 10 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 Plaintiff, 14 15 16 17 18 vs. RICHARD JONATHAN EDEN, an individual, Case No.: 2:22-cv-04833-DOC-JPR Hon. David O. Carter FINAL JUDGMENT AS TO DEFENDANT EDEN&HILE, INC. Defendant, and 19 20 EDEN&HILE, INC., a private California corporation, 21 22 Relief Defendant 23 24 25 26 27 28 Dockets.Justia.com 1 The Securities and Exchange Commission having filed a Complaint and 2 Relief Defendant Eden&Hile, Inc. (“Defendant”) having entered a general 3 appearance, consented to the Court’s jurisdiction over Defendant and the subject 4 matter of this action, consented to entry of this Final Judgment without admitting 5 or denying the allegations of the Complaint (except as to jurisdiction and except as 6 7 8 9 10 11 12 13 otherwise provided herein); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: I. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $303,000.00, representing net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $15,498.45. Defendant shall satisfy 14 this obligation by paying $318,498.45 to the Securities and Exchange Commission 15 within 30 days after entry of this Final Judgment. 16 Defendant operated ultimately as a “pass through” of its ill-gotten gain for 17 the benefit of its co-Defendant, Richard Jonathan Eden. Therefore, any amount up 18 to and including the $318,498.45 that Defendant Richard Jonathan Eden is ordered 19 to pay in disgorgement (and in fact does pay), should offset the amount by which 20 Defendant Eden&Hile, Inc. is obligated to pay pursuant to this judgment. 21 Defendant may transmit payment electronically to the Commission, which 22 will provide detailed ACH transfer/Fedwire instructions upon request. Payment 23 may also be made directly from a bank account via Pay.gov through the SEC 24 website at http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by 25 26 27 28 2 1 certified check, bank cashier’s check, or United States postal money order payable 2 to the Securities and Exchange Commission, which shall be delivered or mailed to 3 4 5 6 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 7 8 and shall be accompanied by a letter identifying the case title, civil action number, 9 and name of this Court; Eden&Hile, Inc. as a defendant in this action; and 10 specifying that payment is made pursuant to this Final Judgment. 11 Defendant shall simultaneously transmit photocopies of evidence of payment and 12 case identifying information to the Commission’s counsel in this action. By 13 making this payment, Defendant relinquishes all legal and equitable right, title, and 14 interest in such funds and no part of the funds shall be returned to Defendant. 15 The Commission may enforce the Court’s judgment for disgorgement and 16 prejudgment interest by using all collection procedures authorized by law, 17 including, but not limited to, moving for civil contempt at any time after 30 days 18 following entry of this Final Judgment. 19 20 21 22 23 24 25 26 27 Defendant shall pay post judgment interest on any amounts due after 30 days of the entry of this Final Judgment pursuant to 28 U.S.C. § 1961. The Commission shall hold the funds, together with any interest and income earned thereon (collectively, the “Fund”), pending further order of the Court. The Commission may propose a plan to distribute the Fund subject to the Court’s approval. Such a plan may provide that the Fund shall be distributed pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of 2002. The Court shall retain jurisdiction over the administration of any 28 3 1 distribution of the Fund and the Fund may only be disbursed pursuant to an Order 2 of the Court. 3 4 5 6 II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this judgment. 7 8 9 10 11 III. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this judgment forthwith and without further notice. 12 13 14 15 16 Dated: January 9, 2023 ________________________________ DAVID O. CARTER UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 4
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