Securities and Exchange Commission v. Shinderman et al, No. 2:2018cv00131 - Document 42 (D. Nev. 2019)

Court Description: ORDER Granting 40 Consent Judgment as to Defendant Quicksilver Stock Transfer. Signed by Judge James C. Mahan on 7/26/2019. (Copies have been distributed pursuant to the NEF - JQC). (Main Document 42 replaced on 7/26/2019) (JQC).

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Securities and Exchange Commission v. Shinderman et al Doc. 42 Case Case2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document42 40 Filed Filed07/26/19 07/25/19 Page Page11of of11 7 Dockets.Justia.com Case Case2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document42 40 Filed Filed07/26/19 07/25/19 Page Page22of of11 7 Case Case2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document42 40 Filed Filed07/26/19 07/25/19 Page Page33of of11 7 Case Case2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document42 40 Filed Filed07/26/19 07/25/19 Page Page44of of11 7 Case Case2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document42 40 Filed Filed07/26/19 07/25/19 Page Page55of of11 7 Case Case2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document42 40 Filed Filed07/26/19 07/25/19 Page Page66of of11 7 1 2 PROOF OF SERVICE I am over the age of 18 years and not a party to this action. My business address is: U.S. SECURITIES AND EXCHANGE COMMISSION, 444 S. Flower Street, Suite 900, Los Angeles, California 90071 Telephone No. (323) 965-3998; Facsimile No. (213) 443-1904. 3 4 5 6 7 8 9 10 11 12 13 14 15 On July 25, 2019, I caused to be served the document entitled CONSENT OF DEFENDANT QUICKSILVER STOCK TRANSFER, LLC on all the parties to this action addressed as stated on the attached service list: OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and mailing today following ordinary business practices. I am readily familiar with this agency’s practice for collection and processing of correspondence for mailing; such correspondence would be deposited with the U.S. Postal Service on the same day in the ordinary course of business. PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s), which I personally deposited with the U.S. Postal Service. Each such envelope was deposited with the U.S. Postal Service at Los Angeles, California, with first class postage thereon fully prepaid. EXPRESS U.S. MAIL: Each such envelope was deposited in a facility regularly maintained at the U.S. Postal Service for receipt of Express Mail at Los Angeles, California, with Express Mail postage paid. HAND DELIVERY: I caused to be hand delivered each such envelope to the office of the addressee as stated on the attached service list. 17 UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated by United Parcel Service (“UPS”) with delivery fees paid or provided for, which I deposited in a facility regularly maintained by UPS or delivered to a UPS courier, at Los Angeles, California. 18 16 19 20 21 22 23 24 25 26 27 ELECTRONIC MAIL: By transmitting the document by electronic mail to the electronic mail address as stated on the attached service list. E-FILING: By causing the document to be electronically filed via the Court’s CM/ECF system, which effects electronic service on counsel who are registered with the CM/ECF system. FAX: By transmitting the document by facsimile transmission. The transmission was reported as complete and without error. I declare under penalty of perjury that the foregoing is true and correct. Date: July 25, 2019 /s/ Donald W. Searles Donald W. Searles 28 5 Case Case2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document42 40 Filed Filed07/26/19 07/25/19 Page Page77of of11 7 1 2 3 4 5 6 7 8 SEC v. Quicksilver Stock Transfer LLC and Alan Shinderman United States District Court – District of Nevada Case No. 2:18-cv-00131-JCM-PAL SERVICE LIST Barney C. Ales, Esq. P.O. Box 20563 Las Vegas, NV 89112 Email: attorneyales@gmail.com Attorney for Defendants Quicksilver Stock Transfer, LLC, and Alan Shinderman 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Case Case 2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document 40-1 42 Filed Filed07/26/19 07/25/19 Page Page8 1ofof114 1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 18 19 20 21 22 23 24 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. Case No. 2:18-cv-00131 [PROPOSED] FINAL JUDGMENT AS TO DEFENDANT QUICKSILVER STOCK TRANSFER, LLC QUICKSILVER STOCK TRANSFER, LLC AND ALAN SHINDERMAN, Defendants. The Securities and Exchange Commission (“SEC”) having filed a Complaint 25 and Defendant Quicksilver Stock Transfer, LLC (“Defendant”) having entered a 26 general appearance; consented to the Court’s jurisdiction over Defendant and the 27 subject matter of this action; consented to entry of this Final Judgment without 28 admitting or denying the allegations of the Complaint (except as to jurisdiction); Case Case 2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document 40-1 42 Filed Filed07/26/19 07/25/19 Page Page9 2ofof114 1 waived findings of fact and conclusions of law; and waived any right to appeal from 2 this Judgment: 3 4 I. IT IS FURTHER ORDERED that Defendant is permanently restrained and 5 enjoined from, directly or indirectly, in connection with the purchase or sale of any 6 security, by the use of any means or instrumentality of interstate commerce, or of the 7 mails, or of any facility of any national securities exchange: 8 A. employing any device, scheme or artifice to defraud; 9 B. making any untrue statement of material fact to omitting to state a 10 material fact necessary in order to make the statements made, in light of 11 the circumstances under which they were made, not misleading; or 12 13 C. engaging in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person; 14 in violation of Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Rule 10b-5 15 thereunder, 17 C.F.R. §§ 240.10b-5. 16 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 17 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 18 binds the following who receive actual notice of this Final Judgment by personal 19 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 20 attorneys; and (b) other persons in active concert or participation with Defendant or 21 with anyone described in (a). 22 23 II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 24 is permanently restrained and enjoined from violations of Section 17(a)(d)(1) of the 25 Exchange Act [15 U.S.C. § 78q-1(d)(1)] and Rule 17Ad-12 thereunder [17 C.F.R. 26 240.17Ad-12], which makes it unlawful for any registered transfer agent, directly or 27 indirectly, in light of all the facts and circumstances, to fail to safeguard securities 28 related to its transfer agent activities, in a manner reasonably free from risk of loss, 2 Case Case 2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document 42 40-1Filed Filed 07/26/19 07/25/19Page Page 103ofof11 4 1 theft, destruction, and to protect funds related to its transfer agent activities against 2 misuse. 3 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 4 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 5 binds the following who receive actual notice of this Final Judgment by personal 6 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 7 attorneys; and (b) other persons in active concert or participation with Defendant or 8 with anyone described in (a). 9 10 III. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 11 is permanently restrained and enjoined from violations of Section 17(a)(d)(1) of the 12 Exchange Act [15 U.S.C. § 78q-1(d)(1)] and Rule 17Ad-13 thereunder [17 C.F.R. § 13 240.17Ad-12], which makes it unlawful for any registered transfer agent to file 14 annually with the Commission and the transfer agent’s appropriate regulatory agency 15 in accordance with Rule 17Ad-2(h) [17 C.F.R. § 240.17Ad-2(h)], a report prepared 16 by an independent accountant concerning the transfer agent’s system of internal 17 accounting controls and related procedures for the transfer of record ownership and 18 the safeguarding of related securities and funds. 19 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 20 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 21 binds the following who receive actual notice of this Final Judgment by personal 22 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 23 attorneys; and (b) other persons in active concert or participation with Defendant or 24 with anyone described in (a). 25 26 IV. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 27 Defendant’s Consent is incorporated herein with the same force and effect as if fully 28 set forth herein, and that Defendant shall comply with all of the undertakings and 3 Case Case 2:18-cv-00131-JCM-BNW 2:18-cv-00131-JCM-BNW Document Document 42 40-1Filed Filed 07/26/19 07/25/19Page Page 114ofof11 4 1 agreements set forth therein. 2 3 V. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 4 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 5 Judgment. 6 VI. 7 There being no just reason for delay, pursuant to Rule 54(b) of the Federal 8 Rules of Civil Procedure, the Clerk is ordered to enter this Judgment forthwith and 9 without further notice. 10 11 12 13 14 26, 2019. Dated: July ______________, _____ ____________________________________ THE HON. JAMES C. MAHAN UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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