Filed: Jan. 13, 2017
Latest Update: Jan. 13, 2017
Summary: FINAL JUDGMENT AS TO SECURED CAPITAL INVESTMENTS, LLC VIRGINIA A. PHILLIPS , Chief District Judge . The Securities and Exchange Commission having filed a Complaint and the court-appointed permanent receiver Robert P. Mosier ("Receiver"), acting on behalf of Defendant Secured Capital Investments, LLC 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 Final Judgment without admitting or d
Summary: FINAL JUDGMENT AS TO SECURED CAPITAL INVESTMENTS, LLC VIRGINIA A. PHILLIPS , Chief District Judge . The Securities and Exchange Commission having filed a Complaint and the court-appointed permanent receiver Robert P. Mosier ("Receiver"), acting on behalf of Defendant Secured Capital Investments, LLC 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 Final Judgment without admitting or de..
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FINAL JUDGMENT AS TO SECURED CAPITAL INVESTMENTS, LLC
VIRGINIA A. PHILLIPS, Chief District Judge.
The Securities and Exchange Commission having filed a Complaint and the court-appointed permanent receiver Robert P. Mosier ("Receiver"), acting on behalf of Defendant Secured Capital Investments, LLC 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 Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Section 5 of the Securities Act [15 U.S.C. § 77e] by, directly or indirectly, in the absence of any applicable exemption:
(a) Unless a registration statement is in effect as to a security, making use of any means or instruments of transportation or communication in interstate commerce or of the mails to sell such security through the use or medium of any prospectus or otherwise;
(b) Unless a registration statement is in effect as to a security, carrying or causing to be carried through the mails or in interstate commerce, by any means or instruments of transportation, any such security for the purpose of sale or for delivery after sale; or
(c) Making use of any means or instruments of transportation or communication in interstate commerce or of the mails to offer to sell or offer to buy through the use or medium of any prospectus or otherwise any security, unless a registration statement has been filed with the Commission as to such security, or while the registration statement is the subject of a refusal order or stop order or (prior to the effective date of the registration statement) any public proceeding or examination under Section 8 of the Securities Act [15 U.S.C. § 77h].
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 Final 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 FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $11,603,590.80, representing profits gained as a result of the conduct alleged in the Complaint. This obligation shall be deemed satisfied by the Court-appointed receiver's final distribution of the funds collected during the course of the receivership.
III.
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.
IV.
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 Final Judgment.
