Securities and Exchange Commission v. Peter H. Pocklington et al, No. 5:2018cv00701 - Document 198 (C.D. Cal. 2022)

Court Description: FINAL JUDGMENT ON CONSENT AS TO RELIEF DEFENDANT EVA S. POCKLINGTON 178 by Judge Fernando L. Aenlle-Rocha : Relief Defendant Eva S. Pocklington is jointly and severally liable with Defendant Peter Pocklington for disgorgement of $130,382.00, r epresenting net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $19,601.74, for a total of $149,983.74. Relief Defendant shall satisfy this obligation by paying $149,983.74 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. 198 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 EVA S. POCKLINGTON [DKT. 178] 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 EVA S. POCKLINGTON The Securities and Exchange Commission (the “Commission”) having filed a 3 Complaint and Relief Defendant Eva S. Pocklington (“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 and except as otherwise provided herein in paragraph III); waived 8 findings of fact and conclusions of law; and waived any right to appeal from this 9 Final Judgment: 10 I. 11 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Relief 12 Defendant is jointly and severally liable with Defendant Peter Pocklington for 13 disgorgement of $130,382.00, representing net profits gained as a result of the 14 conduct alleged in the Complaint, together with prejudgment interest thereon in the 15 amount of $19,601.74, for a total of $149,983.74. Relief Defendant shall satisfy this 16 obligation by paying $149,983.74 to the Securities and Exchange Commission within 17 30 days after entry of this Final Judgment. 18 Relief Defendant may transmit payment electronically to the Commission, 19 which will provide detailed ACH transfer/Fedwire instructions upon request. 20 Payment may also be made directly from a bank account via Pay.gov through the 21 SEC website at http://www.sec.gov/about/offices/ofm.htm. Relief Defendant may 22 also pay by certified check, bank cashier’s check, or United States postal money 23 order payable to the Securities and Exchange Commission, which shall be delivered 24 or mailed to: 25 26 27 28 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, 1 1 and name of this court; Eva S. Pocklington as a defendant in this action; and 2 specifying that payment is made pursuant to this Final Judgment. 3 Relief Defendant shall simultaneously transmit photocopies of evidence of 4 payment and case identifying information to the Commission’s counsel in this action. 5 By making this payment, Relief Defendant relinquishes all legal and equitable right, 6 title, and interest in such funds and no part of the funds shall be returned to Relief 7 Defendant. 8 The Commission shall hold the funds (collectively, the “Fund”) until further 9 order of this court. The SEC may propose a plan to distribute the Fund subject to the 10 court’s approval, and the court shall retain jurisdiction over the administration of any 11 distribution of the Fund. 12 The Commission may enforce the court’s judgment for disgorgement and 13 prejudgment interest by using all collection procedures authorized by law, including, 14 but not limited to, moving for civil contempt at any time after 30 days following entry 15 of this Final Judgment. Relief Defendant shall pay post judgment interest on any 16 amounts due after 30 days of entry of this Final Judgment pursuant to 28 U.S.C. 17 § 1961. 18 19 II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 20 Consent is incorporated herein with the same force and effect as if fully set forth 21 herein, and that Relief Defendant shall comply with all of the undertakings and 22 agreements set forth therein. 23 III. 24 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for 25 purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 26 11 U.S.C. § 523, the allegations in the complaint are true and admitted by Relief 27 Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty 28 or other amounts due by Relief Defendant under this Final Judgment or any other 2 1 judgment, order, consent order, decree or settlement agreement entered in connection 2 with this proceeding, is a debt for the violation by Relief Defendant of the federal 3 securities laws or any regulation or order issued under such laws, as set forth in 4 Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 523(a)(19). 5 IV. 6 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this court 7 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 8 Final Judgment. 9 V. 10 There being no just reason for delay, pursuant to Rule 54(b) of the Federal 11 Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith 12 and without further notice. 13 14 Dated: May 9, 2022 15 FERNANDO L. AENLLE-ROCHA United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3