Securities and Exchange Commission v. Fefferman et al, No. 3:2015cv01276 - Document 43 (S.D. Cal. 2018)

Court Description: AMENDED FINAL JUDGMENT as to Defendant Michael J. Fefferman. 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 8/23/2018.(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 MICHAL J. FEFFERMAN 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 Michael J. Fefferman (“Defendant”) having entered a general appearance; consented to 21 the 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 16 II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that a 17 civil penalty pursuant to Section 21A of the Exchange Act [15 U.S.C. § 78u-1] is 18 appropriate in this case. However, as a result of the Defendant’s compliance with the 19 terms of his deferred prosecution agreement in United States v. Fefferman, 15-cr-01534- 20 DMS (S.D. Cal.), the Commission is not seeking monetary remedies against the 21 Defendant in this proceeding. 22 III. 23 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for 24 purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 25 U.S.C. § 523, the allegations in the complaint are true and admitted by Defendant, and 26 further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts 27 due by Defendant under this Final Judgment or any other judgment, order, consent order, 28 decree or settlement agreement entered in connection with this proceeding, is a debt for 2 15cv1276-MMA (DHB) 1 the violation by Defendant of the federal securities laws or any regulation or order issued 2 under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 3 523(a)(19). 4 5 IV. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 6 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final 7 Judgment. 8 9 V. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of 10 Civil Procedure, the Clerk is ordered to enter this Amended Judgment forthwith and 11 without further notice. 12 Dated: August 23, 2018 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 15cv1276-MMA (DHB)

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