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United States Securities and Exchange Commission v. Wallin, 1:17-cv-7057. (2018)

Court: District Court, N.D. Illinois Number: infdco20181004g12 Visitors: 11
Filed: Oct. 03, 2018
Latest Update: Oct. 03, 2018
Summary: SECURITIES AND EXCHANGE COMMISSION'S UNOPPOSED MOTION FOR ENTRY OF FINAL JUDGMENT SHARON JOHNSON COLEMAN , District Judge . Plaintiff United States Securities and Exchange Commission ("SEC") hereby moves this Court unopposed for entry of Final Judgment as to Defendant John F. Wallin ("Final Judgment Motion"). In support thereof, the SEC states as follows: 1. On September 29, 2017, the SEC this action for violations of federal securities laws against Defendant Wallin. (ECF No. 1.) 2. O
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SECURITIES AND EXCHANGE COMMISSION'S UNOPPOSED MOTION FOR ENTRY OF FINAL JUDGMENT

Plaintiff United States Securities and Exchange Commission ("SEC") hereby moves this Court unopposed for entry of Final Judgment as to Defendant John F. Wallin ("Final Judgment Motion"). In support thereof, the SEC states as follows:

1. On September 29, 2017, the SEC this action for violations of federal securities laws against Defendant Wallin. (ECF No. 1.)

2. On October 2, 2017, the SEC filed a motion for entry of judgment, asking the Court to enter judgment in favor of the SEC pursuant to a settlement agreement with Defendant Wallin, and permit the SEC to file a motion as to the amount of any civil penalty. (ECF No. 6.) The Court granted this motion on October 5, 2018. (ECF No.11.)

3. On January 26, 2018, the SEC moved for civil penalty and entry of final judgment against Defendant Wallin. (ECF No. 15.) On June 26, 2018, the Court granted the motion and imposed a $50,000 civil penalty against Defendant Wallin. (ECF No. 28.)

4. On July 23, 2018, Defendant Wallin moved to alter or amend the judgment under Rule 59(e) of the Federal Rules of Civil Procedure. (ECF Nos. 29-32.) On August 21, 2018, the Court denied the motion. (ECF No. 37.)

5. On August 31, 2018, the SEC the emailed the Court a proposed final judgment imposing a $50,000 civil penalty.

6. On September 25, 2018, the Court directed the SEC to file this Final Judgment Motion. A proposed final judgment is attached hereto as Exhibit 1. A Word version of the proposed final judgment was also emailed to Proposed_Order_Coleman@ilnd.uscourts.gov.

7. Defendant Wallin has no opposition to the Final Judgment Motion.

WHEREFORE, Plaintiff United States Securities and Exchange Commission respectfully requests that the Court grant its Final Judgment Motion; enter the Judgment set forth in Exhibit 1; and grant such other and further relief as this Court deems just and proper.

EXHIBIT 1

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES SECURITIES AND ) EXCHANGE COMMISSION, ) ) Plaintiff, ) ) v. ) Civil Action No. 17-cv-7057 ) JOHN F. WALLIN, ) Judge Sharon Johnson Coleman ) Defendant. )

[PROPOSED] FINAL JUDGMENT

The Securities and Exchange Commission having filed a Complaint and Defendant John F. Wallin having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in Paragraph VI); waived findings of fact and conclusions of law; and waived any right to appeal from this Judgment:

I.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Rule 13a-14 [17 C.F.R. 240.13a-14], promulgated under Section 13(a) of the Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. § 78m(a)], by signing any certification containing any untrue statement, which is filed as an exhibit to any report filed with the Commission on Form 10-Q, Form 10-K, Form 20-F or Form 40-F under Section 13(a) of the Exchange Act.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Judgment by personal service or otherwise: (a) Defendant's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a).

II.

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from aiding and abetting any violation of Section 13(a) of the Exchange Act [15 U.S.C. § 78m(a)], and Rules 13a-1 and 13a-13 promulgated thereunder [17 C.F.R. 240.13a-1 & 17 C.F.R. 240.13a-13], by knowingly or recklessly providing substantial assistance to an issuer that is required to file, in accordance with such rules and regulations as the Commission may prescribe as necessary or appropriate for the proper protection of investors and to insure fair dealing in the security —

(1) such information and documents (and such copies thereof) as the Commission shall require to keep reasonably current the information and documents required to be included in or filed with an application or registration statement filed pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l], except that the Commission may not require the filing of any material contract wholly executed before July 1, 1962; or (2) such annual reports (and such copies thereof), certified if required by the rules and regulations of the Commission by independent public accountants, and such quarterly reports (and such copies thereof), as the Commission may prescribe;

where any such information, document, or report contains any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Judgment by personal service or otherwise: (a) Defendant's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a).

III.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 21(d)(5) of the Exchange Act [15 U.S.C. § 78u(d)(5)], it is appropriate, and necessary for the benefit of investors, that Defendant is prohibited from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l] or that is required to file reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. § 78o(d)].

IV.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $50,000 to the Securities and Exchange Commission pursuant to Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)]. Defendant shall make this payment within 14 days after entry of this Final Judgment.

Defendant 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 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 Receivable 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; John F. Wallin as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment.

Defendant 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 relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendant. The Commission shall send the funds paid pursuant to this Final Judgment to the United States Treasury. Defendant shall pay post-judgment interest on any delinquent amounts pursuant to 28 USC § 1961.

V.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED 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.

VI.

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 U.S.C. § 523, the allegations in the complaint are true and admitted by Defendant, and further, any debt for civil penalty or other amounts due by Defendant under this Judgment or any other judgment, order, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation by Defendant of the federal securities laws or any regulation or order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 523(a)(19).

VII.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Judgment.

Dated: ______________, 2018 ____________________________________ UNITED STATES DISTRICT JUDGE
Source:  Leagle

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