Securities and Exchange Commission v. Mattera et al, No. 1:2011cv08323 - Document 195 (S.D.N.Y. 2013)

Court Description: MEMORANDUM AND ORDER granting 141 Motion for Summary Judgment; granting 145 Motion for Summary Judgment. For the foregoing reasons, the SEC's motions for summary judgment are GRANTED with respect the claims against Mattera and Howard for vio lations of section 10(b) of the Exchange Act and Rule l0b-5 thereunder, and sections 5 and 17(a) of the Securities Act, and DENIED with respect to the issue of civil money penalties against Howard. Howard is ordered to disgorge $34,575, plus pr ejudgment interest thereon. Prejudgment interest shall be paid at the IRS underpayment rate. Mattera is permanently enjoined from, directly or indirectly, participating in the issuance, offer, or sale of any security, provided, however, that such in junction shall not prevent him from purchasing or selling securities listed on a national securities exchange for his own personal account. Counsel for the SEC is directed to supply defendants Howard and Mattera with copies of all unreported decisions cited herein. SO ORDERED.. (Signed by Judge P. Kevin Castel on 12/6/2013) (ja)