SEC v. EVOQUA WATER TECHNOLOGIES CORP.; and IMRAN PAREKH, No. 1:23-cv-00105, District of Rhode Island (Mar. 15, 2024) — Judgment
raw: SEC v. EVOQUA WATER TECHNOLOGIES CORP.
SEC v. EVOQUA WATER TECHNOLOGIES CORP., No. 1:23-cv-00105 (Mar. 15, 2024)
Imran Parekh was ordered by the SEC to pay $46,831 and received a ten-year officer and director bar following securities law violations involving Evoqua Water Technologies Corp.
Imran Parekh was ordered to pay $5,489 in disgorgement, $1,342 in prejudgment interest, and a $40,000 civil penalty to the SEC. The final judgment also imposes a ten-year prohibition against serving as an officer or director of any issuer with registered securities or reporting requirements. The court in the District of Rhode Island entered this judgment following Parekh's consent to the court's jurisdiction and the relief provisions.
The Securities and Exchange Commission (SEC) obtained a final judgment against Imran Parekh regarding alleged securities law violations involving Evoqua Water Technologies Corp. To resolve the matter, Parekh consented to the entry of injunctive relief and monetary sanctions. He is ordered to pay a total of $46,831, which consists of $5,489 in disgorgement, $1,342 in prejudgment interest, and a $40,000 civil penalty. Additionally, the court imposed a ten-year prohibition preventing Parekh from acting as an officer or director of any issuer that is required to file reports or has registered securities. The SEC retains the authority to enforce the judgment and may distribute the recovered funds through a Fair Fund. Parekh is also prohibited from seeking relief from the ten-year prohibition for at least two years.
Extracted insights
- $47K $46,831 $10K–$100K
- $40K $40,000 $10K–$100K
- $5K $5,489 <$10K
- $1K $1,342 <$10K
- person imran parekh
- agency Securities and Exchange Commission
- Securities And Exchange Commission filed motion for final judgment against Imran Parekh
- Imran Parekh consented to Court’s jurisdiction and entry of injunctive relief
- Court granted motion for final judgment against Imran Parekh
- Imran Parekh is prohibited from acting as officer or director of any issuer with securities registered under Section 12 or required to file under Section 15(d) of the Exchange Act for ten years
- Imran Parekh is liable for disgorgement of $5,489, prejudgment interest of $1,342, and civil penalty of $40,000
- Imran Parekh shall pay $46,831 to Securities And Exchange Commission within 30 days after entry of final judgment
- Securities And Exchange Commission may enforce judgment for disgorgement and prejudgment interest using all authorized collection procedures
1 UNITED STATES DISTRICT COURT DISTRICT OF RHODE ISLAND SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. EVOQUA WATER TECHNOLOGIES CORP. and IMRAN PAREKH, Defendants. Case No. 1:23-cv-00105-MSM-PAS FINAL JUDGMENT AS TO DEFENDANT IMRAN PAREKH This matter having come before the Court on Plaintiff Securities and Exchange Commission’s Motion for Entry of Final Judgment against Defendant Imran Parekh; Defendant previously having entered a general appearance, consented to the Court’s jurisdiction over him and the subject matter of this action, consented to entry of the injunctive relief and other provisions of the Consent (Dkt. No. 3) and prior judgment (Dkt. No. 10) entered in this case; and the Court having found that the awards of monetary and injunctive relief contained herein are warranted and justified; IT IS HEREBY ORDERED THAT the Commission’s motion is GRANTED and Final Judgment against Defendant Imran Parekh is entered as follows: I. IT IS ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 21(d)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)] and Section 20(e) of the Securities Act [15 U.S.C. § 77t(e)], Defendant is prohibited, for ten years following the date of entry of this Final Judgment, from acting as an officer or director of any issuer that has a class of securities 145 2 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)]. Defendant may not seek relief from this prohibition under Rule 60(b) of the Federal Rules of Civil Procedure until at least two years from the date of entry of this judgment. II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $5,489, representing net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $1,342, and a civil penalty in the amount of $40,000 pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)]. Defendant shall satisfy this obligation by paying $46,831 to the Securities and Exchange Commission within 30 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; Imran Parekh as a defendant in this action; and specifying that payment is made 146 3 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 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. The Commission may enforce the Court’s judgment for penalties by the use of all collection procedures authorized by law, including the Federal Debt Collection Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the violation of any Court orders issued in this action. 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. The Commission shall hold the funds, together with any interest and income earned thereon (collectively, the “Fund”), pending further order of the Court. The Commission may propose a plan to distribute the Fund subject to the Court’s approval. Such a plan may provide that the Fund shall be distributed pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of 2002. The Court shall retain jurisdiction over the administration of any distribution of the Fund and the Fund may only be disbursed pursuant to an Order of the Court. Regardless of whether any such Fair Fund distribution is made, amounts ordered to be paid as civil penalties pursuant to this Final Judgment shall be treated as penalties paid to the government for all purposes, including all tax purposes. To preserve the deterrent effect of the 147 4 civil penalty, Defendant shall not, after offset or reduction of any award of compensatory damages in any Related Investor Action based on Defendant’s payment of disgorgement in this action, argue that he is entitled to, nor shall he further benefit by, offset or reduction of such compensatory damages award by the amount of any part of Defendant’s payment of a civil penalty in this action (“Penalty Offset”). If the court in any Related Investor Action grants such a Penalty Offset, Defendant shall, within 30 days after entry of a final order granting the Penalty Offset, notify the Commission’s counsel in this action and pay the amount of the Penalty Offset to the United States Treasury or to a Fair Fund, as the Commission directs. Such a payment shall not be deemed an additional civil penalty and shall not be deemed to change the amount of the civil penalty imposed in this Final Judgment. For purposes of this paragraph, a “Related Investor Action” means a private damages action brought against Defendant by or on behalf of one or more investors based on substantially the same facts as alleged in the Complaint in this action. 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 Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by 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 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). 148 5 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. Dated: March 15, 2024 ____________________________________ UNITED STATES DISTRICT JUDGE 149
1
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
EVOQUA WATER TECHNOLOGIES CORP.
and IMRAN PAREKH,
Defendants.
Case No. 1:23-cv-00105-MSM-PAS
FINAL JUDGMENT AS TO DEFENDANT IMRAN PAREKH
This matter having come before the Court on Plaintiff Securities and Exchange
Commission’s Motion for Entry of Final Judgment against Defendant Imran Parekh; Defendant
previously having entered a general appearance, consented to the Court’s jurisdiction over him
and the subject matter of this action, consented to entry of the injunctive relief and other
provisions of the Consent (Dkt. No. 3) and prior judgment (Dkt. No. 10) entered in this case; and
the Court having found that the awards of monetary and injunctive relief contained herein are
warranted and justified; IT IS HEREBY ORDERED THAT the Commission’s motion is
GRANTED and Final Judgment against Defendant Imran Parekh is entered as follows:
I.
IT IS ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 21(d)(2) of
the Exchange Act [15 U.S.C. § 78u(d)(2)] and Section 20(e) of the Securities Act [15 U.S.C.
§ 77t(e)], Defendant is prohibited, for ten years following the date of entry of this Final
Judgment, from acting as an officer or director of any issuer that has a class of securities
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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)]. Defendant may not
seek relief from this prohibition under Rule 60(b) of the Federal Rules of Civil Procedure until at
least two years from the date of entry of this judgment.
II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is liable for disgorgement of $5,489, representing net profits gained as a result of the conduct
alleged in the Complaint, together with prejudgment interest thereon in the amount of $1,342,
and a civil penalty in the amount of $40,000 pursuant to Section 20(d) of the Securities Act [15
U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)]. Defendant
shall satisfy this obligation by paying $46,831 to the Securities and Exchange Commission
within 30 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; Imran Parekh as a defendant in this action; and specifying that payment is made
Case 1:23-cv-00105-MSM-PAS Document 13 Filed 03/15/24 Page 2 of 5 PageID #:
146
http://www.sec.gov/about/offices/ofm.htm
3
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 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.
The Commission may enforce the Court’s judgment for penalties by the use of all
collection procedures authorized by law, including the Federal Debt Collection Procedures Act,
28 U.S.C. § 3001 et seq., and moving for civil contempt for the violation of any Court orders
issued in this action. 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. The Commission shall
hold the funds, together with any interest and income earned thereon (collectively, the “Fund”),
pending further order of the Court.
The Commission may propose a plan to distribute the Fund subject to the Court’s
approval. Such a plan may provide that the Fund shall be distributed pursuant to the Fair Fund
provisions of Section 308(a) of the Sarbanes-Oxley Act of 2002. The Court shall retain
jurisdiction over the administration of any distribution of the Fund and the Fund may only be
disbursed pursuant to an Order of the Court.
Regardless of whether any such Fair Fund distribution is made, amounts ordered to be
paid as civil penalties pursuant to this Final Judgment shall be treated as penalties paid to the
government for all purposes, including all tax purposes. To preserve the deterrent effect of the
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147
4
civil penalty, Defendant shall not, after offset or reduction of any award of compensatory
damages in any Related Investor Action based on Defendant’s payment of disgorgement in this
action, argue that he is entitled to, nor shall he further benefit by, offset or reduction of such
compensatory damages award by the amount of any part of Defendant’s payment of a civil
penalty in this action (“Penalty Offset”). If the court in any Related Investor Action grants such
a Penalty Offset, Defendant shall, within 30 days after entry of a final order granting the Penalty
Offset, notify the Commission’s counsel in this action and pay the amount of the Penalty Offset
to the United States Treasury or to a Fair Fund, as the Commission directs. Such a payment shall
not be deemed an additional civil penalty and shall not be deemed to change the amount of the
civil penalty imposed in this Final Judgment. For purposes of this paragraph, a “Related Investor
Action” means a private damages action brought against Defendant by or on behalf of one or
more investors based on substantially the same facts as alleged in the Complaint in this action.
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 Defendant, and further, any debt for
disgorgement, prejudgment interest, civil penalty or other amounts due by 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 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).
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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.
Dated: March 15, 2024
____________________________________
UNITED STATES DISTRICT JUDGE
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