Securities and Exchange Commission v. Waldman et al, No. 1:2017cv02088 - Document 226 (S.D.N.Y. 2019)

Court Description: FINAL JUDGMENT AS TO DEFENDANTS ROGER SHAOUL AND JAMES SHAOUL: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants are permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Ac t of 1934 (the "Exchange Act") [15 U.S.C. § 78j(bl] and Rule 10b-5 promulgated thereunder (17 CFR § 240 10b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national s ecurities exchange, in connection with the purchase or sale of any security as further set forth in this order. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant Roger Shaoul is liable for disgorgement of $925,436.86 representing pr ofits gained as a result of the conduct alleged in the Second Amended Complaint, together with prejudgment interest thereon in the amount of $3,143.95, and a civil penalty in the amount of $925,436.86 pursuant to Section 21A of the Exchan ge Act [5 J) SC §§ 78u)(d)(3), 78:.l]. Defendant Roger Shaoul shall satisfy this obligation by paying $1,854,017.67 to the Securities and Exchange Commission within 30 days after entry of this Final Judgment. Defendant may transmi t payment electronically to the Commission, which will provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ ofm.htm. Defendant may also pay by certified check, bank cashier's check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center Accounts Rece ivable Branch. 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Roger Shaoul as a defendant in this action; and specifying that paym ent is made pursuant to this Final Judgment. Defendant Roger Shaoul shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission's counsel in this action. By making this payment, Defendant Roger Shaoul relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendant Roger Shaoul. The Commission shall send the funds paid pursuant to this Final Judgment to the Unit ed States Treasury. The Commission may enforce the Court's judgment for disgorgement and prejudgment interest by moving for civil contempt (and/or through other collection procedures authorized by law) at any time after 30 days following entr y of this Final Judgment. Defendant Roger Shaoul shall pay post judgment interest on any delinquent amounts pursuant to 28USC § 1961., IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being served with a copy of this Final Judgment, Wells Fargo shall transfer the entire balance of the following Wells Fargo account(s) which were frozen pursuant to an Order of this Court to the Commission as further set forth in this order. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being served with a copy of this Final Judgment, Steven S. Biss (counsel for Lawrence Cluff, Jr.) shall transfer the entire balance of any and all moneys received from Defendant Roger Shaoul or held for the benefit of Roge r Shaoul to the Commission. Steven S. Biss may transmit payment electronically to the Commission, which will provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from a bank account via Pay.gov throug h the SEC website at http://www.sec.gov/about/offices/ofm.htm as further set forth in this order. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 USC §523, the allegations in the complaint are true and admitted by Defendants, and further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendants under this Final Judgment or any other judgment, o rder, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation by Defendants of the federal securities laws or any regulation or order issued under such laws, as set forth in Section 52 3(a)(l9) of the Bankruptcy Code, 11 U.S.C. §523(a)(19). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court may retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. James Shaoul and Roger E. Shaoul terminated. (Signed by Judge Richard M. Berman on 12/17/2019) (rj)