2024-09-23 sec-litreleases judgment 185 KB 5,140 chars

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)

Caption
Securities and Exchange Commission v. Kris A. Swaffer, et al.
summary

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.

paragraph

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.

narrative

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).

Enriched metadata

Scheme
unregistered-securities (60%)
Court
Northern District of Ohio
Case No.
1:22-cv-1554
Outcome
settled
Disgorgement
$865,707
Classified unregistered-securities(confidence 60%). EDGAR detection: forms Form D/S-1· recall 41% / precision 30%. detection rule →
Statutes
28 U.S.C. § 196111 U.S.C. §52311 U.S.C. §523(a)
Parties
Securities and Exchange CommissionKris A. SwafferRosalyn K. Swaffer
Keywords
relieffinalfinal reliefshallrosalyn swafferswaffercommissionrelief rosalynentry finalordered adjudgedadjudged decreedrelief shallexchange commissionsecurities exchangerelief liable

Extracted insights

Dollar amounts 6
  • $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
Entities 4
  • 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
Triples 14
  • 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
Text layers
Extracted body text (5,140c)

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. 
-
2 
-
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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 -
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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-
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OCR text (5,209c · tika · 95% conf)
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 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 -

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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 #: 376