Securities and Exchange Commission v. Peter H. Pocklington et al, No. 5:2018cv00701 - Document 199 (C.D. Cal. 2022)

Court Description: FINAL JUDGMENT ON CONSENT AS TO DEFENDANT AMC HOLDINGS, LLC 177 by Judge Fernando L. Aenlle-Rocha: Defendant AMC Holdings, LLC and its agents, officers etc are permanently restrained and enjoined from violating the Security Exchange Act as cite d herein. Defendant shall pay a civil penalty in the amount of $543,213.00. Defendant shall satisfy this obligation by paying $543,213.00 to the Securities and Exchange Commission within 30 days after entryof this Final Judgment. (SEE COMPLIANCE REQUIREMENTS AND DEADLINES). (lc)
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Securities and Exchange Commission v. Peter H. Pocklington et al Doc. 199 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 DEFENDANT AMC HOLDINGS, LLC [DKT. 177] 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 AMC HOLDINGS, LLC The Securities and Exchange Commission (the “Commission”) having filed a 3 Complaint and Defendant AMC Holdings, LLC (“Defendant”) having entered a 4 general appearance; consented to the court’s jurisdiction over Defendant and the 5 subject matter of this action; consented to entry of this Final Judgment without 6 admitting or denying the allegations of the Complaint (except as to jurisdiction and 7 except as otherwise provided herein); waived findings of fact and conclusions of law; 8 and waived any right to appeal from this Final Judgment: 9 10 I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 11 permanently restrained and enjoined from violating, directly or indirectly, Section 12 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. 13 § 78j(b)] and Rule 10b-5 (a) and (c) promulgated thereunder [17 C.F.R. § 240.10b- 14 5(a) and (c)], by using any means or instrumentality of interstate commerce, or of the 15 mails, or of any facility of any national securities exchange, in connection with the 16 purchase or sale of any security: 17 (a) to employ any device, scheme, or artifice to defraud; or 18 (c) to engage in any act, practice, or course of business which operates or 19 would operate as a fraud or deceit upon any person. 20 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 21 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 22 binds the following who receive actual notice of this Final Judgment by personal 23 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 24 attorneys; and (b) other persons in active concert or participation with Defendant or 25 with anyone described in (a). 26 II. 27 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 28 Defendant is permanently restrained and enjoined from violating Section 17(a) of the 1 1 Securities Act of 1933 (the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale 2 of any security by the use of any means or instruments of transportation or 3 communication in interstate commerce or by use of the mails, directly or indirectly: 4 (a) to employ any device, scheme, or artifice to defraud; 5 (b) to obtain money or property by means of any untrue statement of a 6 material fact or any omission of a material fact necessary in order to 7 make the statements made, in light of the circumstances under which 8 they were made, not misleading; or 9 10 (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. 11 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 12 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 13 binds the following who receive actual notice of this Final Judgment by personal 14 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 15 attorneys; and (b) other persons in active concert or participation with Defendant or 16 with anyone described in (a). 17 III. 18 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 19 Defendant shall pay a civil penalty in the amount of $543,213.00 pursuant to Section 20 20(d) of the Securities Act 15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange 21 Act [15 U.S.C. § 78u(d)(3). Defendant shall satisfy this obligation by paying 22 $543,213.00 to the Securities and Exchange Commission within 30 days after entry 23 of this Final Judgment. 24 Defendant may transmit payment electronically to the Commission, which will 25 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also 26 be made directly from a bank account via Pay.gov through the SEC website at 27 http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified 28 check, bank cashier’s check, or United States postal money order payable to the 2 1 Securities and Exchange Commission, which shall be delivered or mailed to: Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 2 3 4 5 and shall be accompanied by a letter identifying the case title, civil action number, 6 and name of this court; AMC Holdings, LLC as a defendant in this action; and 7 specifying that payment is made pursuant to this Final Judgment. 8 9 Defendant shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission’s counsel in this action. By 10 making this payment, Defendant relinquishes all legal and equitable right, title, and 11 interest in such funds and no part of the funds shall be returned to Defendant. 12 The Commission may enforce the court’s judgment for penalties by the use of 13 all collection procedures authorized by law, including the Federal Debt Collection 14 Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the 15 violation of any court orders issued in this action. Defendant shall pay post judgment 16 interest on any amounts due after 30 days of the entry of this Final Judgment pursuant 17 to 28 U.S.C. § 1961. The Commission shall hold the funds, together with any interest 18 and income earned thereon (collectively, the “Fund”), pending further order of the 19 court. 20 The Commission may propose a plan to distribute the Fund subject to the 21 court’s approval. Such a plan may provide that the Fund shall be distributed pursuant 22 to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of 2002. 23 The court shall retain jurisdiction over the administration of any distribution of the 24 Fund, and the Fund may only be disbursed pursuant to an Order of the court. 25 Regardless of whether any such Fair Fund distribution is made, amounts 26 ordered to be paid as civil penalties pursuant to this Judgment shall be treated as 27 penalties paid to the government for all purposes, including all tax purposes. To 28 preserve the deterrent effect of the civil penalty, Defendant shall not, after offset or 3 1 reduction of any award of compensatory damages in any Related Investor Action 2 based on Defendant’s payment of disgorgement in this action, argue that it is entitled 3 to, nor shall it further benefit by, offset or reduction of such compensatory damages 4 award by the amount of any part of Defendant’s payment of a civil penalty in this 5 action (“Penalty Offset”). If the court in any Related Investor Action grants such a 6 Penalty Offset, Defendant shall, within 30 days after entry of a final order granting 7 the Penalty Offset, notify the Commission’s counsel in this action and pay the amount 8 of the Penalty Offset to the United States Treasury or to a Fair Fund, as the 9 Commission directs. Such a payment shall not be deemed an additional civil penalty 10 and shall not be deemed to change the amount of the civil penalty imposed in this 11 Judgment. For purposes of this paragraph, a “Related Investor Action” means a 12 private damages action brought against Defendant by or on behalf of one or more 13 investors based on substantially the same facts as alleged in the Complaint in this 14 action. 15 IV. 16 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this court 17 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 18 Final Judgment. 19 20 Dated: May 9, 2022 FERNANDO L. AENLLE-ROCHA United States District Judge 21 22 23 24 25 26 27 28 4