Securities and Exchange Commission v. Fefferman et al, No. 3:2015cv01276 - Document 40 (S.D. Cal. 2018)
Court Description: AMENDED FINAL JUDGMENT as to Defendant Chad E. Wiegand. 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 Amended Judgment forthwith and without further notice. Signed by Judge Michael M. Anello on 8/16/2018.(rmc)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 SECURITIES AND EXCHANGE COMMISSION, 15 16 17 AMENDED FINAL JUDGMENT AS TO DEFENDANT CHAD E. WIEGAND Plaintiff, 13 14 Case No.: 15cv1276-MMA (DHB) v. MICHAEL J. FEFFERMAN, CHAD E. WIEGAND, AKIS C. ERACLEOUS, ERACLES PANAYIOUTOU, Defendants. 18 19 The Securities and Exchange Commission having filed a Complaint and Defendant 20 Chad E. Wiegand (“Defendant”) having entered a general appearance; consented to the 21 Court’s jurisdiction over Defendant and the subject matter of this action; consented to 22 entry of this Final Judgment; waived findings of fact and conclusions of law; and waived 23 any right to appeal from this Final Judgment: 24 I. 25 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 26 permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) 27 of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and 28 Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, by using any means or 1 15cv1276-MMA (DHB) 1 instrumentality of interstate commerce, or of the mails, or of any facility of any national 2 securities exchange, in connection with the purchase or sale of any security: 3 (a) to employ any device, scheme, or artifice to defraud; 4 (b) to make any untrue statement of a material fact or to omit to state a material 5 fact necessary in order to make the statements made, in the light of the 6 circumstances under which they were made, not misleading; or 7 (c) 8 to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 9 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided 10 in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the 11 following who receive actual notice of this Final Judgment by personal service or 12 otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) 13 other persons in active concert or participation with Defendant or with anyone described 14 in (a). 15 II. 16 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 17 Defendant is liable for disgorgement of $11,320, representing profits gained as a result of 18 the conduct alleged in the Complaint, together with prejudgment interest thereon in the 19 amount of $909.22. This disgorgement and prejudgment interest award shall be deemed 20 satisfied by the entry of the forfeiture order in United States v. Wiegand, et al., Crim. No. 21 15-cr-01462-DMS (S.D. Cal.). 22 III. 23 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 24 Amended Consent is incorporated herein with the same force and effect as if fully set 25 forth herein, and that Defendant shall comply with all of the undertakings and agreements 26 set forth therein. 27 // 28 // 2 15cv1276-MMA (DHB) 1 IV. 2 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, for 3 purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 4 U.S.C. § 523, the allegations in the complaint are true and admitted by Defendant, and 5 further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts 6 due by Defendant under this Final Judgment or any other judgment, order, consent order, 7 decree or settlement agreement entered in connection with this proceeding, is a debt for 8 the violation by Defendant of the federal securities laws or any regulation or order issued 9 under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 10 523(a)(19). 11 12 V. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 13 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final 14 Judgment. 15 16 VI. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of 17 Civil Procedure, the Clerk is ordered to enter this Amended Judgment forthwith and 18 without further notice. 19 Dated: August 16, 2018 20 21 22 23 24 25 26 27 28 3 15cv1276-MMA (DHB)
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