Securities and Exchange Commission v. Duffy, No. 1:2009cv06458 - Document 13 (S.D.N.Y. 2021)

Court Description: FINAL JUDGMENT AS TO DEFENDANT DEBORAH DUFFY: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the &quo t;Exchange Act") [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [ 17 C.F.R. § 240.1 0b-5]. by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities excha nge, in connection with the purchase or sale of any security: (a) to employ any device, scheme. or artifice to defraud; (b) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made. in the light of the circumstances under which they were made, not misleading; or (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. IT IS FURTHER ORDERED. ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a)IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $ 1,272,841. representing profits gained as a result of the conduct alleged in the Complaint, which is deemed satisfied by the criminal forfeiture order entered against Defendant in US. v. Duffy, 09-CR-709 (S.D.N.Y.). Civil money penalties pursuant to Section 2l(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)] and Section 209(e) of the Advisers Act [15 U.S.C. § 80b-9(e)] are not being imposed in light of Defendant's conviction and sentence in the criminal action U.S. v. Duffy. IT IS FUR THER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein. and that Defendant shall comply with all of the undertakings and agreements set forth therein. IT IS FURTHER OR DERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment as further set forth in this order. SO ORDERED. (Signed by Judge George B. Daniels on 3/25/2021) (rj)