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Securities and Exchange Commission v. Wealth Strategy Partners, LLP, 8:14-CV-2427-T-27TGW. (2019)

Court: District Court, M.D. Florida Number: infdco20190618b64 Visitors: 20
Filed: Jun. 17, 2019
Latest Update: Jun. 17, 2019
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is the Report and Recommendation from the Magistrate Judge recommending that the Defendants, jointly and severally, disgorge ill-gotten gains of $228, 505.97, with prejudgment interest of $52,015.31, and that a civil penalty be assessed against Defendant WSP in the amount of $725,000.00 and against Defendant Altholtz in the amount of $150,000.00. (Dkt. 118). No party filed objections and the time for doing so has expired. A di
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ORDER

BEFORE THE COURT is the Report and Recommendation from the Magistrate Judge recommending that the Defendants, jointly and severally, disgorge ill-gotten gains of $228, 505.97, with prejudgment interest of $52,015.31, and that a civil penalty be assessed against Defendant WSP in the amount of $725,000.00 and against Defendant Altholtz in the amount of $150,000.00. (Dkt. 118). No party filed objections and the time for doing so has expired.

A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. § 636(b)(1)(C); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F.2d 347, 348 (11th Cir. 1982)); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).

After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law,

1. The Report and Recommendation (Dkt. 118) is APPROVED and ADOPTED for all purposes, including for appellate review.

2. Defendants Altholtz and WSP are ordered to pay disgorgement of ill-gotten proceeds, jointly and severally, in the amount of $228,505.97.

3. Defendants Altholtz and WSP are ordered to pay, jointly and severally, prejudgment interest in the amount of $52,015.31.

4. Defendant WSP is ordered to pay a civil penalty of $725,000.00.

5. Defendant Altholtz is ordered to pay a civil penalty of $150,000.00.

6. The Clerk is directed to enter judgment against Defendants accordingly, and to CLOSE the file.

DONE AND ORDERED.

Source:  Leagle

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