Securities and Exchange Commission v. Blakstad et al, No. 1:2020cv00163 - Document 101 (S.D.N.Y. 2022)

Court Description: AMENDED FINAL JUDGMENT AS TO DEFENDANT XACT HOLDINGS CORPORATION amending 94 Consent Judgment. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $750,000, representing certain profits gained as a res ult of the conduct alleged in the Complaint. Defendant's disgorgement obligation shall be satisfied pursuant to the terms of Section II below. In accordance with this Amended Final Judgment, to satisfy Xact Holdings Corporation's ob ligation to pay total disgorgement of $750,000, and this sum having been deposited into the Disputed Ownership Fund in the Court Registry Investment System, the Clerk is hereby ORDERED to issue payments from the Disputed Ownership Fund in the Court Registry Investment System to the individuals and entities identified below (the "Payees"), in the amounts specified, totaling $750,000, plus any accrued interest: A. The David & Frances Schroedl Family Trust shall be sent  6;300,481 (plus a pro rata share of the accrued interest, minus the cost, if any, of the transfer) to First Republic Bank, as further set forth herein. B. Donald Luneburg shall be mailed a check for $240,385 (plus a pro rata share of the accrue d interest, minus the cost of mailing) to Don Luneburg c/o FDR Services, as further set forth herein. C. Constantine Buzunis shall be sent $137,019 in two installments, comprising $102,019.00 (plus a pro rata share of the accrued interest, minus the cost, if any, of the transfer) payable to Equity Trust Company, as further set forth herein, and $35,000 (plusa pro rata share of the accrued interest, minus the cost of mailing) payable to Constantine D. Buzunis, as further set forth herein. D. Garo Minassian shall be mailed a check for $72,115 (plus a pro rata share of the accrued interest, minus the cost of mailing), as further set forth herein. The Payees are instructed to transmit to the Court their taxpayer and ban king information in order to provide for their respective disbursements. Defendant acknowledges that the Court is not imposing permanent injunctions or a civil penalty or requiring payment of an additional $775,000 of disgorgement and pre-jud gment interest based on the fact that Defendant Donald G. Blakstad has disclaimed any interest or control over Defendant, which is now owned and controlled by the investors identified in Section II above. IT IS FURTHER ORDERED, ADJUDGED, AND DECRE ED 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 ORDERED, ADJUDGED, AND DECREED tha t this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Amended Final Judgment. 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 Final Judgment forthwith and without further notice. (Signed by Judge Denise L. Cote on 12/7/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing. Modified on 12/7/2022 (vfr).