Securities and Exchange Commission v. Peter H. Pocklington et al, No. 5:2018cv00701 - Document 197 (C.D. Cal. 2022)

Court Description: FINAL JUDGMENT ON CONSENT AS TO RELIEF DEFENDANT DTR HOLDINGS,LLC 179 by Judge Fernando L. Aenlle-Rocha: Defendant DTR Holdings, LLC is jointly and severally liable with Defendant Peter Pocklington and Relief Defendant Eva S. Pocklington for dis gorgement of $103,192.00, representing net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $15,514.00, for a total of $118,706.00. Relief Defendant shall satisfy this obligation by paying $118,706.00 to the Securities and Exchange Commission within 30 days after entry of this Final Judgment. (SEE DOCUMENT FOR COMPLIANCE REQUIREMENTS AND DEADLINES). (lc)
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Securities and Exchange Commission v. Peter H. Pocklington et al Doc. 197 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 v. Case No. 5:18-cv-00701-FLA (SPx) FINAL JUDGMENT AS TO RELIEF DEFENDANT DTR HOLDINGS, LLC [DKT. 179] PETER H. POCKLINGTON, LANTSON E. ELDRED, TERRENCE J. WALTON, YOLANDA C. VELAZQUEZ a/k/a LANA VELAZQUEZ a/k/a LANA PULEO, VANESSA PULEO, ROBERT A. VANETTEN, NOVA OCULUS PARTNERS, LLC, f/k/a THE EYE MACHINE, LLC, and AMC HOLDINGS, LLC, Defendants. EVA S. POCKLINGTON, DTR HOLDINGS, LLC, COBRA CHEMICAL, LLC, and GOLD STAR RESOURCES, LLC, Relief Defendants. 26 27 28 Dockets.Justia.com 1 2 FINAL JUDGMENT AS TO DTR HOLDINGS, LLC The Securities and Exchange Commission (the “Commission”) having filed a 3 Complaint and Relief Defendant DTR Holdings, LLC (“Relief Defendant”) having 4 entered a general appearance; consented to the court’s jurisdiction over Relief 5 Defendant and the subject matter of this action; consented to entry of this Final 6 Judgment without admitting or denying the allegations of the Complaint (except as to 7 jurisdiction); waived findings of fact and conclusions of law; and waived any right to 8 appeal from this Final Judgment: 9 I. 10 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Relief 11 Defendant is jointly and severally liable with Defendant Peter Pocklington and Relief 12 Defendant Eva S. Pocklington for disgorgement of $103,192.00, representing net 13 profits gained as a result of the conduct alleged in the Complaint, together with 14 prejudgment interest thereon in the amount of $15,514.00, for a total of $118,706.00. 15 Relief Defendant shall satisfy this obligation by paying $118,706.00 to the Securities 16 and Exchange Commission within 30 days after entry of this Final Judgment. 17 Relief Defendant may transmit payment electronically to the Commission, 18 which will provide detailed ACH transfer/Fedwire instructions upon request. 19 Payment may also be made directly from a bank account via Pay.gov through the 20 SEC website at http://www.sec.gov/about/offices/ofm.htm. Relief Defendant may 21 also pay by certified check, bank cashier’s check, or United States postal money 22 order payable to the Securities and Exchange Commission, which shall be delivered 23 or mailed to: 24 25 26 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 27 and shall be accompanied by a letter identifying the case title, civil action number, 28 and name of this court; DTR Holdings, LLC as a defendant in this action; and 1 1 specifying that payment is made pursuant to this Final Judgment. Relief Defendant shall simultaneously transmit photocopies of evidence of 2 3 payment and case identifying information to the Commission’s counsel in this action. 4 By making this payment, Relief Defendant relinquishes all legal and equitable right, 5 title, and interest in such funds and no part of the funds shall be returned to Relief 6 Defendant. The Commission shall hold the funds (collectively, the “Fund”) until further 7 8 order of this court. The SEC may propose a plan to distribute the Fund subject to the 9 court’s approval, and the court shall retain jurisdiction over the administration of any 10 distribution of the Fund. The Commission may enforce the court’s judgment for disgorgement and 11 12 prejudgment interest by using all collection procedures authorized by law, including, 13 but not limited to, moving for civil contempt at any time after 30 days following entry 14 of this Final Judgment. Relief Defendant shall pay post judgment interest on any 15 amounts due after 30 days of entry of this Final Judgment pursuant to 28 U.S.C. 16 § 1961. 17 II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 18 19 Consent is incorporated herein with the same force and effect as if fully set forth 20 herein, and that Relief Defendant shall comply with all of the undertakings and 21 agreements set forth therein. 22 III. 23 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this court 24 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 25 Final Judgment. 26 /// 27 /// 28 /// 2 1 IV. 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 Final Judgment forthwith 4 and without further notice. 5 6 Dated: May 9, 2022 7 FERNANDO L. AENLLE-ROCHA 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 3