SEC v. Kris A. Swaffer; and Rosalyn K. Swaffer, No. 1:22-cv-1554, Northern District of Ohio (Sept. 23, 2024) — Judgment
raw: FINAL JUDGMENT AS TO RELIEF DEFENDANT ROSALYN K. SWAFFER
FINAL JUDGMENT AS TO RELIEF DEFENDANT ROSALYN K. SWAFFER, No. 1:22-cv-1554 (Sept. 23, 2024)
Relief defendant Rosalyn K. Swaffer agreed to a final judgment paying over $1 million to the SEC to resolve allegations of federal securities law violations.
Relief defendant Rosalyn K. Swaffer was ordered to pay a total of $1,057,584, which includes $865,707 in disgorgement and $191,877 in prejudgment interest. This obligation is held on a joint and several basis with defendant Kris A. Swaffer. Swaffer entered the final judgment without admitting or denying the allegations of the SEC complaint.
The Securities and Exchange Commission obtained a final judgment against relief defendant Rosalyn K. Swaffer in the U.S. District Court for the Northern District of Ohio. Swaffer consented to the court's jurisdiction and the entry of the judgment without admitting or denying the underlying allegations of securities law violations. The judgment mandates a total payment of $1,057,584, consisting of $865,707 in disgorgement and $191,877 in prejudgment interest. Swaffer is held jointly and severally liable with defendant Kris A. Swaffer for her portion of these amounts. The payment must be made to the SEC within 30 days of the judgment entry. Additionally, the court designated the debt as non-dischargeable in bankruptcy under 11 U.S.C. § 523(a)(19).
Extracted insights
- $1.06M $1,057,584 $1M–$10M
- $1.06M $1,057,584 $1M–$10M
- $866K $865,707 $100K–$1M
- $676K $676,362 $100K–$1M
- $192K $191,877 $100K–$1M
- $150K $149,910 $100K–$1M
- agency $1,057,584 to securities and exchange commission within 30 days
- agency by certified check or postal money order to securities and exchange commission
- person general appearance
- person rosalyn k. swaffer
- Securities And Exchange Commission filed Complaint
- Rosalyn K. Swaffer entered General Appearance
- Rosalyn K. Swaffer liable for Disgorgement Of $865,707
- Rosalyn K. Swaffer liable for Portion Of $676,362 On Joint And Several Basis With Kris a. Swaffer
- Rosalyn K. Swaffer shall pay $1,057,584 To Securities And Exchange Commission Within 30 Days
- Commission shall hold Funds Until Further Order Of Court
- Commission may propose Plan To Distribute The Fund Subject To Court Approval
- Court shall retain Jurisdiction Over Administration Of Fund Distribution
- Commission may enforce Court's Judgment For Disgorgement And Prejudgment Interest
- Commission may move For Civil Contempt After 30 Days
- Rosalyn K. Swaffer shall pay Post‑Judgment Interest On Amounts Due After 30 Days
- Rosalyn K. Swaffer relinquishes All Legal And Equitable Rights In The Funds
- Rosalyn K. Swaffer may transmit Payment Electronically To Commission
- Rosalyn K. Swaffer may pay By Certified Check Or Postal Money Order To Securities And Exchange Commission
UNITED ST A TES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
SECURJTIES AND EXCHANGE
COMMISSION,
Plaintiff,
V.
KRIS A. SW AFFER, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
_________________ )
Case No. 1 :22-cv-1554
Hon. Bridget Meehan Brennan
FINAL JUDGMENT AS TO RELIEF DEFENDANT ROSALYN K. SWAFFER
The Securities and Exchange Commission having filed a Complaint and Relief Defendant
Rosalyn K. Swaffer ("Relief Defendant"
)
having entered a general appearance; consented to the
Court's jurisdiction over Relief 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 and except as otherwise provided herein in paragraph III
)
; waived
findings of fact and conclusions oflaw; and waived any right to appeal from this Final Judgment:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Relief Defendant is
liable for disgorgement of $865,707 ( of which Relief Defendant is liable for $676,362, on a joint
and several basis, with Defendant Kris A. Swaffer
)
, representing net profits gained as a result of
the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount
of $191,877 ( of which Relief Defendant is liable for $149,910, on a joint and several basis, with
Defendant Kris A. Swaffer
)
, for a total of $1,057,584. Relief Defendant shall satisfy this
Case: 1:22-cv-01554-BMB Doc #: 51 Filed: 09/05/24 1 of 4. PageID #: 373
obligation by paying $1,057,584 to the Securities and Exchange Commission within 30 days
after entry of this Final Judgment.
Relief 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 thrnugh the SEC website at
http
://www.sec.gov/about/offices/ofm.htm. Relief Defendant may also pay by certified check,
bank cashier's check, or United States postal money order payable to the Securities and
Exchange Conm1ission, 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; Rosalyn K. Swaffer as a relief defendant in this action; and specifying that payment is
made pursuant to this Final Judgment.
Relief Defendant shall simultaneously transmit photocopies of evidence of payment and
case identifying information to the Conunission's counsel in this action. By making this
payment, Relief Defendant relinquishes all legal and equitable right, title, and interest in such
funds and no part of the funds shall be returned to Relief Defendant.
The Commission shall hold the funds (collectively, the "Fund") until further order of this
Court. The Commission may propose a plan to distribute the Fund subject to the Court's
approval, and the Court shall retain jurisdiction over the administration of any distribution of the
Fund.
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2
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Case: 1:22-cv-01554-BMB Doc #: 51 Filed: 09/05/24 2 of 4. PageID #: 374
The Commission may enforce the Court's judgment for disgorgement and prejudgment
interest by using all collection procedures authorized by law, including, but not limited to,
moving for civil contempt at any time after 30 days following entry of this Final Judgment.
Relief Defendant shall pay post judgment interest on any amounts due after 30 days of the entry
of this Final Judgment pursuant to 28 U.S.C. § 1961.
II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is
incorporated herein with the same force and effect as if fully set fo1th herein, and that Relief
Defendant shall comply with all of the undertakings and agreements set forth therein.
III.
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 Relief Defendant, and fu1ther, any debt for
disgorgement, prejudgment interest, or other amounts due by Relief Defendant under this Final
Judgment or any other judgment, order, consent order, decree or settlement agreement entered in
connection with this proceeding, is a debt for the violation of the federal securities laws or any
regulation or order issued under such laws, as set forth in Section 523(a)(l 9) of the Bankruptcy
Code, 11 U.S.C. §523(a)(19).
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.
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V.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure, the Clerk is 01:dered to enter this Final Judgment forthwith and without further notice.
-4-
Case: 1:22-cv-01554-BMB Doc #: 51 Filed: 09/05/24 4 of 4. PageID #: 376UNITED ST A TES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
SECURJTIES AND EXCHANGE
COMMISSION,
Plaintiff,
V.
KRIS A. SW AFFER, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
_________________ )
Case No. 1 :22-cv-1554
Hon. Bridget Meehan Brennan
FINAL JUDGMENT AS TO RELIEF DEFENDANT ROSALYN K. SWAFFER
The Securities and Exchange Commission having filed a Complaint and Relief Defendant
Rosalyn K. Swaffer ("Relief Defendant") having entered a general appearance; consented to the
Court's jurisdiction over Relief 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 and except as otherwise provided herein in paragraph III); 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 Relief Defendant is
liable for disgorgement of $865,707 ( of which Relief Defendant is liable for $676,362, on a joint
and several basis, with Defendant Kris A. Swaffer), representing net profits gained as a result of
the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount
of $191,877 ( of which Relief Defendant is liable for $149,910, on a joint and several basis, with
Defendant Kris A. Swaffer), for a total of $1,057,584. Relief Defendant shall satisfy this
Case: 1:22-cv-01554-BMB Doc #: 51 Filed: 09/05/24 1 of 4. PageID #: 373
obligation by paying $1,057,584 to the Securities and Exchange Commission within 30 days
after entry of this Final Judgment.
Relief 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 thrnugh the SEC website at
http://www.sec.gov/about/offices/ofm.htm. Relief Defendant may also pay by certified check,
bank cashier's check, or United States postal money order payable to the Securities and
Exchange Conm1ission, 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; Rosalyn K. Swaffer as a relief defendant in this action; and specifying that payment is
made pursuant to this Final Judgment.
Relief Defendant shall simultaneously transmit photocopies of evidence of payment and
case identifying information to the Conunission's counsel in this action. By making this
payment, Relief Defendant relinquishes all legal and equitable right, title, and interest in such
funds and no part of the funds shall be returned to Relief Defendant.
The Commission shall hold the funds (collectively, the "Fund") until further order of this
Court. The Commission may propose a plan to distribute the Fund subject to the Court's
approval, and the Court shall retain jurisdiction over the administration of any distribution of the
Fund.
- 2 -
Case: 1:22-cv-01554-BMB Doc #: 51 Filed: 09/05/24 2 of 4. PageID #: 374
The Commission may enforce the Court's judgment for disgorgement and prejudgment
interest by using all collection procedures authorized by law, including, but not limited to,
moving for civil contempt at any time after 30 days following entry of this Final Judgment.
Relief Defendant shall pay post judgment interest on any amounts due after 30 days of the entry
of this Final Judgment pursuant to 28 U.S.C. § 1961.
II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is
incorporated herein with the same force and effect as if fully set fo1th herein, and that Relief
Defendant shall comply with all of the undertakings and agreements set forth therein.
III.
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 Relief Defendant, and fu1ther, any debt for
disgorgement, prejudgment interest, or other amounts due by Relief Defendant under this Final
Judgment or any other judgment, order, consent order, decree or settlement agreement entered in
connection with this proceeding, is a debt for the violation of the federal securities laws or any
regulation or order issued under such laws, as set forth in Section 523(a)(l 9) of the Bankruptcy
Code, 11 U.S.C. §523(a)(19).
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.
- 3 -
Case: 1:22-cv-01554-BMB Doc #: 51 Filed: 09/05/24 3 of 4. PageID #: 375
V.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure, the Clerk is 01:dered to enter this Final Judgment forthwith and without further notice.
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Case: 1:22-cv-01554-BMB Doc #: 51 Filed: 09/05/24 4 of 4. PageID #: 376