FINAL JUDGMENT AS TO RELIEF DEFENDANTS VINCENT J. MESSINA AND INTERNATIONAL MARKET VENTURES

JOHN F. WALTER, District Judge.

This case having come before the Court on Plaintiff's Motion for Order of Disgorgement from Relief Defendants Vincent J. Messina and International Market Ventures (Dkt. No. 266); and the Court having issued its Order Granting Plaintiff Securities and Exchange Commission's Motion for Order of Disgorgement from Relief Defendants Vincent J. Messina and International Market Ventures (Dkt. No. 284) which ordered Relief Defendant Vincent Messina to disgorge $5,000,000 and further ordered that Relief Defendants Vincent Messina and International Market Ventures beheld jointly liable for $941,505 of that amount; and the Court further ordered that such payment was to be made by February 17, 2015; and that Order having fully adjudicated the issues and claims involving Relief Defendants Vincent J. Messina and International Market Ventures, now therefore:

I.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Relief Defendant Vincent J. Messina is liable for disgorgement of $5,000,000 representing ill-gotten gains he received from the Defendants' fraudulent conduct and to which he has no legitimate claim. Relief Defendant Vincent J. Messina shall satisfy this obligation by paying $5,000,000 to the Permanent Receiver, Krista J. Freitag, pursuant to the terms of this Court's Order Granting Plaintiff Securities and Exchange Commission's Motion for Order of Disgorgement from Relief Defendants Vincent J. Messina and International Market Ventures (Dkt. No. 284). The Plaintiff may enforce the Court's judgment for disgorgement by moving for civil contempt (and/or through other collection procedures authorized by law) at any time after 14 days following entry of this Final Judgment. Relief Defendant shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.

II.

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief Defendant International Market Ventures is jointly liable with Relief Defendant Vincent J. Messina for disgorgement of $941,505 of the $5,000,000, which amount represents that portion of the $5,000,000 that International Market Ventures received from Vincent J. Messina and to which International Market Ventures has no legitimate claim. Relief Defendant International Market Ventures shall satisfy this obligation by paying $941,505 of any portion of the $5,000,000 not paid by Vincent J. Messina to the Permanent Receiver, Krista J. Freitag, pursuant to the terms of this Court's Order Granting Plaintiff Securities and Exchange Commission's Motion for Order of Disgorgement from Relief Defendants Vincent J. Messina and International Market Ventures (Dkt. No. 284). The Plaintiff may enforce the Court's judgment for disgorgement by moving for civil contempt (and/or through other collection procedures authorized by law) at any time after 14 days following entry of this Final Judgment. Relief Defendant shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.

III.

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 Final Judgment forthwith and without further notice.