Securities And Exchange Commission v. Saleem M. Khan, et al, No. 3:2014cv02743 - Document 103 (N.D. Cal. 2015)
Court Description: FINAL JUDGMENT AS TO Ammar Akbari signed by Judge Haywood S. Gilliam, Jr. RE 100 Motion to Approve Consent Judgment. (Attachments: # 1 Certificate/Proof of Service) (ndrS, COURT STAFF) (Filed on 9/28/2015)
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Securities And Exchange Commission v. Saleem M. Khan, et al Doc. 103 1 JINA L. CHOI (Admitted to N.Y. Bar) SUSAN F. LaMARCA (Cal. Bar No. 215231) 2 lamarcas@sec.gov E. BARRETT ATWOOD (Cal. Bar No. 291181) 3 atwoode@sec.gov VICTOR HONG (Cal. Bar No. 165938) 4 hongv@sec.gov 5 Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 6 44 Montgomery Street, Suite 2800 San Francisco, California 94104 7 Telephone: (415) 705-2500 Facsimile: (415) 705-2501 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 SECURITIES AND EXCHANGE COMMISSION, Case No. 3:14-CV-02743-HSG (DMR) Plaintiff, 15 16 v. FINAL JUDGMENT AS TO DEFENDANT AMMAR AKBARI 17 SALEEM KHAN, et al., Defendants. 18 19 20 21 22 The Securities and Exchange Commission having filed a Complaint and Defendant Ammar 23 Akbari having entered a general appearance; consented to the Court’s jurisdiction over Defendant 24 Akbari and the subject matter of this action; consented to entry of this Final Judgment without 25 admitting or denying the allegations of the Complaint (except as to personal and subject matter 26 jurisdiction, which Defendant Akbari admits, and except as otherwise provided herein in paragraph 27 III), waived findings of fact and conclusions of law; and waived any right to appeal from this Final 28 Judgment: Dockets.Justia.com 1 2 I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Akbari is liable 3 for disgorgement of $2,000, representing profits gained as a result of the conduct alleged in the 4 Complaint, together with prejudgment interest thereon in the amount of $202, for a total of $2,202. 5 Defendant Akbari shall satisfy this obligation by paying $2,202 to the Securities and Exchange 6 Commission within 14 days after entry of this Final Judgment. 7 Defendant Akbari may transmit payment electronically to the Commission, which will 8 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be made 9 directly from a bank account via Pay.gov through the SEC website at 10 http://www.sec.gov/about/offices/ofm.htm. Defendant Akbari may also pay by certified check, bank 11 cashier’s check, or United States postal money order payable to the Securities and Exchange 12 Commission, which shall be delivered or mailed to 13 14 15 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 16 and shall be accompanied by a letter identifying the case title, civil action number, and name of this 17 Court; and identifying Ammar Akbari as a defendant in this action; and specifying that payment is 18 made pursuant to this Final Judgment. 19 Defendant Akbari shall simultaneously transmit photocopies of evidence of payment and case 20 identifying information to the Commission’s counsel in this action. By making this payment, 21 Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part of the 22 funds shall be returned to Defendant Akbari. The Commission shall send the funds paid pursuant to 23 this Final Judgment to the United States Treasury. 24 The Commission may enforce the Court’s judgment for disgorgement and prejudgment 25 interest by moving for civil contempt (and/or through other collection procedures authorized by law) 26 at any time after 14 days following entry of this Final Judgment. Defendant shall pay post judgment 27 interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. 28 FINAL JUDGMENT AS TO AMMAR AKBARI 2 CASE NO. C-3:14-CV-02743-HSG 1 2 II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent of Ammar 3 Akbari is incorporated herein with the same force and effect as if fully set forth herein, and that 4 Defendant Akbari shall comply with all of the undertakings and agreements set forth therein. 5 6 III. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of 7 exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. §523, the 8 allegations in the complaint are true and admitted by Defendant Akbari, and further, any debt for 9 disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant Akbari under 10 this Final Judgment or any other judgment, order, consent order, decree or settlement agreement 11 entered in connection with this proceeding, is a debt for the violation by Defendant Akbari of the 12 federal securities laws or any regulation or order issued under such laws, as set forth in Section 13 523(a)(19) of the Bankruptcy Code, 11 U.S.C. §523(a)(19). 14 15 IV. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain 16 jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. 17 18 V. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil 19 Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. 20 21 22 23 DATED: September 28, 2015 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 FINAL JUDGMENT AS TO AMMAR AKBARI 3 CASE NO. C-3:14-CV-02743-HSG
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