Securities and Exchange Commission v. Wahi et al, No. 2:2022cv01009 - Document 110 (W.D. Wash. 2023)
Court Description: FINAL JUDGMENT AS TO DEFENDANT NIKHIL WAHI re Plaintiff's 107 MOTION to Approve Consent Judgment. Signed by Judge Tana Lin. (LH)
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Securities and Exchange Commission v. Wahi et al Doc. 110 Case 2:22-cv-01009-TL Document 110 Filed 06/01/23 Page 1 of 3 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON SEATTLE DIVISION 2 3 SECURITIES AND EXCHANGE COMMISSION, 4 Plaintiff, 5 v. 6 ISHAN WAHI, NIKHIL WAHI, and SAMEER RAMANI, Civil Action No. 2:22-cv-1009 FINAL JUDGMENT AS TO DEFENDANT NIKHIL WAHI 7 Defendants. 8 9 10 The U.S. Securities and Exchange Commission (the “Commission”) having 11 filed a Complaint and Defendant Nikhil Wahi (“Defendant”) having entered a general 12 appearance; consented to the Court’s jurisdiction over Defendant and the subject matter 13 of this action; consented to entry of this Final Judgment; waived findings of fact and 14 conclusions of law; and waived any right to appeal from this Final Judgment. 15 I. 16 17 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 18 permanently restrained and enjoined from violating, directly or indirectly, Section 19 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 20 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any 21 means or instrumentality of interstate commerce, or of the mails, or of any facility of 22 any national securities exchange, in connection with the purchase or sale of any 23 security: 24 (a) to employ any device, scheme, or artifice to defraud; 25 26 -1Final Judgment as to Nikhil Wahi SEC v. Wahi, et al. Case No. 22-cv-01009 Securities and Exchange Commission 100 F Street NE Washington, DC 20549 Telephone: (202) 551-4737 Dockets.Justia.com Case 2:22-cv-01009-TL Document 110 Filed 06/01/23 Page 2 of 3 1 (b) to make any untrue statement of a material fact or to omit to state a 2 material fact necessary in order to make the statements made, in the light 3 of the circumstances under which they were made, not misleading; or 4 (c) 5 6 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 7 in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the 8 following who receive actual notice of this Final Judgment by personal service or 9 otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) 10 other persons in active concert or participation with Defendant or with anyone 11 described in (a). 12 13 II. 14 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 15 Nikhil Wahi is liable for disgorgement of $228,165, representing ill-gotten gains as a 16 result of the conduct alleged in the Complaint, plus prejudgment interest of $10,723, 17 for a total of $238,888, which shall be deemed satisfied as to Defendant by the 18 Judgment entered against Defendant in United States v. Nikhil Wahi, No. 1:22-cr-392 19 (S.D.N.Y.) on January 10, 2023 [ECF No. 68]. 20 21 22 III. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 23 the Consent is incorporated herein with the same force and effect as if fully set forth 24 herein, and that Defendant shall comply with all of the undertakings and agreements set 25 forth therein. 26 -2Final Judgment as to Nikhil Wahi SEC v. Wahi, et al. Case No. 22-cv-01009 Securities and Exchange Commission 100 F Street NE Washington, DC 20549 Telephone: (202) 551-4737 Case 2:22-cv-01009-TL Document 110 Filed 06/01/23 Page 3 of 3 1 IV. 2 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for 3 purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 4 11 U.S.C. § 523, the allegations in the complaint are true and admitted by Defendant, 5 and further, any debt for disgorgement, prejudgment interest, civil penalty or other 6 amounts due by Defendant under this Final Judgment or any other judgment, order, 7 consent order, decree or settlement agreement entered in connection with this 8 proceeding, is a debt for the violation by Defendant of the federal securities laws or any 9 regulation or order issued under such laws, as set forth in Section 523(a)(19) of the 10 Bankruptcy Code, 11 U.S.C. § 523(a)(19). 11 12 13 V. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 14 this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms 15 of this Final Judgment. 16 17 18 VI. There being no just reason for delay, pursuant to Rule 54(b) of the Federal 19 Rules of Civil Procedure, the Clerk is ORDERED to enter this Final Judgment 20 forthwith and without further notice. 21 IT IS SO ORDERED. 22 23 Dated this 1st day of June 2023. A 24 25 Tana Lin United States District Judge 26 -3Final Judgment as to Nikhil Wahi SEC v. Wahi, et al. Case No. 22-cv-01009 Securities and Exchange Commission 100 F Street NE Washington, DC 20549 Telephone: (202) 551-4737
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