2024-03-15 sec-litreleases judgment 231 KB 11,658 chars

SEC v. E VOQUA WATER TECHNOLOGIES CORP.; and IMRAN PAREKH, No. 1:23-cv-00105, District of Rhode Island (Mar. 15, 2024) — Judgment

raw: having entered a general appearance; consented to the Court’s jurisdiction over

having entered a general appearance; consented to the Court’s jurisdiction over, No. 1:23-cv-00105 (Mar. 15, 2024)

Caption
SEC v. E VOQUA WATER TECHNOLOGIES CORP, et al.
summary

Imran Parekh entered a consent judgment with the SEC to resolve allegations of securities fraud and books-and-records violations involving Evoqua Water Technologies Corp.

paragraph

The SEC obtained a judgment against Imran Parekh for violations of the Securities Act of 1933 and the Exchange Act of 1934. The court ordered Parekh to pay disgorgement, prejudgment interest, and civil penalties, though specific amounts are to be determined by a subsequent motion. The judgment also imposes permanent injunctions against future fraudulent schemes and failures in financial reporting.

narrative

The Securities and Exchange Commission (SEC) obtained a consent judgment against Imran Parekh regarding alleged securities fraud and accounting violations involving Evoqua Water Technologies Corp. Parekh consented to the judgment without admitting or denying the allegations, agreeing to permanent injunctions against violating the Securities Act of 1933 and the Exchange Act of 1934. The charges included aiding and abetting failures in financial reporting, such as inaccurate Form 10-K and 8-K filings, and failures to maintain proper internal accounting controls. Under the terms of the order, Parekh is required to pay disgorgement, prejudgment interest, and civil penalties, with the exact amounts to be determined by the Commission's motion. The judgment also includes provisions that could prohibit Parekh from serving as an officer or director of any public issuer. Additionally, the order establishes that the allegations are deemed true for bankruptcy discharge purposes.

Enriched metadata

Scheme
accounting-fraud (95%)
Court
District of Rhode Island
Case No.
1:23-cv-00105
Outcome
settled
Classified accounting-fraud(confidence 95%). EDGAR detection: forms 10-K/10-Q/8-K/NT 10-K· recall 80% / precision 48%. detection rule →
Statutes
15 U.S.C. § 78j(b)15 U.S.C. § 77q(a)15 U.S.C. § 78m(a)15 U.S.C. § 78m(b)15 U.S.C. § 78l15 U.S.C. § 78o(d)15 U.S.C. § 77t(d)15 U.S.C. § 78u(d)26 U.S.C. § 6621(a)11 U.S.C. §52311 U.S.C. §523(a)17 C.F.R. § 240.10b-517 C.F.R. § 240.13b2-1Section 10(b) of the Securities Exchange ActSection 17(a) of the Securities ActSection 20(d) of the Securities ActRule 10b-5
Parties
Securities and Exchange CommissionE VOQUA WATER TECHNOLOGIES CORP.IMRAN PAREKH
Keywords
adjudged decreedordered adjudgedfurther orderedfurtheradjudgeddecreedorderedcivil procedureexchangemsm-pas documentdocument pagepage pageidfederalcivildecreed permanently

Extracted insights

Entities 4
  • person defendant imran parekh
  • person imran parekh
  • agency Securities and Exchange Commission
  • court united states district court district of rhode island
Triples 7
  • Securities And Exchange Commission filed a Complaint Defendant Imran Parekh
  • Defendant Imran Parekh entered a general appearance United States District Court District of Rhode Island
  • Defendant Imran Parekh consented to the Court’s jurisdiction Defendant and the subject matter of this action
  • Defendant Imran Parekh waived findings of fact and conclusions of law any right to appeal from this Judgment
  • Court restrained and enjoined Defendant from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
  • Court restrained and enjoined Defendant from violating Section 17(a) of the Securities Act of 1933
  • Court restrained and enjoined Defendant from aiding and abetting any violation of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, 13a-11, and 13a-13
Text layers
Extracted body text (11,658c)
1
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.

E
VOQUA WATER TECHNOLOGIES CORP.
and IMRAN PAREKH,
Defendants.
C
ase No.
 JUDGMENT AS TO DEFENDANT IMRAN PAREKH
The Securities and Exchange Commission having filed a Complaint and Defendant Imran
Parekh
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 Judgment without
admitting
or denying the allegations of the Complaint (except as to jurisdiction and except as
otherwise provided herein in paragraphs VIII, IX, a nd XI); waived findings of fact and
conclusions of law; and
waived any right to appeal from this Judgment:
I.
IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the
Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5
promulgated thereunder [17 C.F.R. § 240.10b-5], by using
any means or instrumentality of
interstate commerce, or of the mails, or of any facility of any national securities exchange, in
connection with the purchase or sale of any security:

112

2
(a) to employ any device, scheme, or artifice to defraud;
(b) to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances
under which they were made, not misleading; or
(c) to engage in any act, practice, or course of business which operates or would
 operate as a fraud or deceit upon any person.
 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 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 HEREBY FURTHER O RDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
(the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any
means or instruments of transportation or communication in interstate commerce or by use of the
mails, directly or indirectly:
(a) to employ any device, scheme, or artifice to defraud;
(b) to obtain money or property by means of any untrue statement of a material fact
 or any omission of a material fact necessary in order to make the statements
 made, in light of the circumstances under which they were made, not misleading;
 or

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3
 (c) to engage in any transaction, practice, or course of business which operates or
  would operate as a fraud or deceit upon the purchaser.
 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 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).

III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from aiding and abetting any violation of Section 13(a) of
the Exchange Act [15 U.S.C. § 78m(a)] and Rules 12b-20, 13a-1, 13a-11, and 13a-13 thereunder
[15 U.S.C. §§78m(a); 17 C.F.R. §§240.12b-20, 240.13a-1, 240.13a-11, and 240.13a-13] by
knowingly or recklessly providing substantial assistance to an issuer that fails to file with the
Commission accurate annual reports on Form 10-K, current reports on Form 8-K, and quarterly
reports on Form 10-Q, or omitting from these reports such further material information as is
necessary to make the required statements in the reports not misleading.
 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 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).

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4
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from aiding and abetting any violation of Section
13(b)(2)(A) of the Exchange Act [15 U.S.C. § 78m(b)(2)(A)] by knowingly or recklessly
providing substantial assistance to an issuer that fails to make and keep books, records, and
accounts which, in reasonable detail, accurately and fairly reflect the transactions and disposition
of its assets.
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 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).

V.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from aiding and abetting any violation of Section
13(b)(2)(B) of the Exchange Act [15 U.S.C. § 78m(b)(2)(B)] by knowingly or recklessly
providing substantial assistance to an issuer that fails to devise and maintain a system of internal
accounting controls sufficient to provide reasonable assurances that its financial statements are
prepared in conformity with GAAP or any other criteria applicable to those statements.
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 Judgment by personal service or otherwise: (a) Defendant’s officers,

115

5
agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendant or with anyone described in (a).

VI.
 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Section 13(b)(5) of the Exchange Act [15
U.S.C. § 78m(b)(5)] by knowingly circumventing or knowingly failing to implement a system of
internal accounting controls or from knowingly falsifying any book, record, or account.
 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 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).

VII.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Rule 13b2-1 promulgated under the
Exchange Act [17 C.F.R. § 240.13b2-1] by, directly or indirectly, falsifying or causing to be
falsified any books, records, and/or accounts subject to Section 13(b)(2)(A) of the Exchange Act.
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 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).

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6

VIII.
 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, upon motion of the
Commission, the Court shall determine whether it is appropriate to prohibit Defendant from
acting as an officer or director of any issuer that has a class of securities 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)] and, if so, the duration of the
prohibition. In connection with the Commission’s motion to prohibit the Defendant from acting
as an officer and director, and at any hearing held on such a motion: (a) Defendant will be
precluded from arguing that he did not violate the federal securities laws as alleged in the
Complaint; (b) Defendant may not challenge the validity of the Consent or this Judgment; (c)
solely for the purposes of such motion, the allegations of the Complaint shall be accepted as and
deemed true by the Court; and (d) the Court may determine the issues raised in the motion on the
basis of affidavits, declarations, excerpts of sworn deposition or investigative testimony, and
documentary evidence, without regard to the standards for summary judgment contained in Rule
56(c) of the Federal Rules of Civil Procedure.

IX.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
shall pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty
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)]. The Court shall determine the amounts of the
disgorgement and civil penalty upon motion of the Commission.  Prejudgment interest shall be
calculated from December 8, 2017, based on the rate of interest used by the Internal Revenue

117

7
Service for the underpayment of federal income tax as set forth in 26 U.S.C. § 6621(a)(2).  In
connection with the Commission’s motion for disgorgement and/or civil penalties, and at any
hearing held on such a motion: (a) Defendant will be precluded from arguing that he did not
violate the federal securities laws as alleged in the Complaint; (b) Defendant may not challenge
the validity of the Consent or this Judgment; (c) solely for the purposes of such motion, the
allegations of the Complaint shall be accepted as and deemed true by the Court; and (d) the
Court may determine the issues raised in the motion on the basis of affidavits, declarations,
excerpts of sworn deposition or investigative testimony, and documentary evidence, without
regard to the standards for summary judgment contained in Rule 56(c) of the Federal Rules of
Civil Procedure.

X.
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.

XI.
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
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

118

8
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).
XII.
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 Judgment.
Dated:  ______________, 2023
____________________________________
UNITED STATES DISTRICT JUDGE
July 10

119
OCR text (12,738c · tika · 95% conf)
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. 

 JUDGMENT AS TO DEFENDANT IMRAN PAREKH

The Securities and Exchange Commission having filed a Complaint and Defendant Imran 

Parekh 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 Judgment without 

admitting or denying the allegations of the Complaint (except as to jurisdiction and except as 

otherwise provided herein in paragraphs VIII, IX, and XI); waived findings of fact and 

conclusions of law; and waived any right to appeal from this Judgment: 

I. 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 

permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the 

Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 

promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of 

interstate commerce, or of the mails, or of any facility of any national securities exchange, in 

connection with the purchase or sale of any security: 

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2 

(a) to employ any device, scheme, or artifice to defraud; 

(b) to make any untrue statement of a material fact or to omit to state a material fact 

necessary in order to make the statements made, in the light of the circumstances 

under which they were made, not misleading; or 

(c) to engage in any act, practice, or course of business which operates or would 

 operate as a fraud or deceit upon any person. 

 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 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 HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 

is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 

(the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any 

means or instruments of transportation or communication in interstate commerce or by use of the 

mails, directly or indirectly: 

(a) to employ any device, scheme, or artifice to defraud; 

(b) to obtain money or property by means of any untrue statement of a material fact 

 or any omission of a material fact necessary in order to make the statements 

 made, in light of the circumstances under which they were made, not misleading; 

 or 

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3 

 (c) to engage in any transaction, practice, or course of business which operates or  

  would operate as a fraud or deceit upon the purchaser. 

 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 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). 

 
III. 

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 

is permanently restrained and enjoined from aiding and abetting any violation of Section 13(a) of 

the Exchange Act [15 U.S.C. § 78m(a)] and Rules 12b-20, 13a-1, 13a-11, and 13a-13 thereunder 

[15 U.S.C. §§78m(a); 17 C.F.R. §§240.12b-20, 240.13a-1, 240.13a-11, and 240.13a-13] by 

knowingly or recklessly providing substantial assistance to an issuer that fails to file with the 

Commission accurate annual reports on Form 10-K, current reports on Form 8-K, and quarterly 

reports on Form 10-Q, or omitting from these reports such further material information as is 

necessary to make the required statements in the reports not misleading. 

 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 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). 

 

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IV. 

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 

is permanently restrained and enjoined from aiding and abetting any violation of Section 

13(b)(2)(A) of the Exchange Act [15 U.S.C. § 78m(b)(2)(A)] by knowingly or recklessly 

providing substantial assistance to an issuer that fails to make and keep books, records, and 

accounts which, in reasonable detail, accurately and fairly reflect the transactions and disposition 

of its assets. 

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 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). 

 
V. 

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 

is permanently restrained and enjoined from aiding and abetting any violation of Section 

13(b)(2)(B) of the Exchange Act [15 U.S.C. § 78m(b)(2)(B)] by knowingly or recklessly 

providing substantial assistance to an issuer that fails to devise and maintain a system of internal 

accounting controls sufficient to provide reasonable assurances that its financial statements are 

prepared in conformity with GAAP or any other criteria applicable to those statements. 

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 Judgment by personal service or otherwise: (a) Defendant’s officers, 

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5 

agents, servants, employees, and attorneys; and (b) other persons in active concert or 

participation with Defendant or with anyone described in (a). 

 
VI. 

 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 

is permanently restrained and enjoined from violating Section 13(b)(5) of the Exchange Act [15 

U.S.C. § 78m(b)(5)] by knowingly circumventing or knowingly failing to implement a system of 

internal accounting controls or from knowingly falsifying any book, record, or account. 

 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 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). 

 
VII. 

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 

is permanently restrained and enjoined from violating Rule 13b2-1 promulgated under the 

Exchange Act [17 C.F.R. § 240.13b2-1] by, directly or indirectly, falsifying or causing to be 

falsified any books, records, and/or accounts subject to Section 13(b)(2)(A) of the Exchange Act. 

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 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). 

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6 

 
VIII. 

 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, upon motion of the 

Commission, the Court shall determine whether it is appropriate to prohibit Defendant from 

acting as an officer or director of any issuer that has a class of securities 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)] and, if so, the duration of the 

prohibition. In connection with the Commission’s motion to prohibit the Defendant from acting 

as an officer and director, and at any hearing held on such a motion: (a) Defendant will be 

precluded from arguing that he did not violate the federal securities laws as alleged in the 

Complaint; (b) Defendant may not challenge the validity of the Consent or this Judgment; (c) 

solely for the purposes of such motion, the allegations of the Complaint shall be accepted as and 

deemed true by the Court; and (d) the Court may determine the issues raised in the motion on the 

basis of affidavits, declarations, excerpts of sworn deposition or investigative testimony, and 

documentary evidence, without regard to the standards for summary judgment contained in Rule 

56(c) of the Federal Rules of Civil Procedure. 

 
IX. 

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 

shall pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty 

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)]. The Court shall determine the amounts of the 

disgorgement and civil penalty upon motion of the Commission.  Prejudgment interest shall be 

calculated from December 8, 2017, based on the rate of interest used by the Internal Revenue 

Case 1:23-cv-00105-MSM-PAS     Document 10     Filed 07/10/23     Page 6 of 8 PageID #:
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7 

Service for the underpayment of federal income tax as set forth in 26 U.S.C. § 6621(a)(2).  In 

connection with the Commission’s motion for disgorgement and/or civil penalties, and at any 

hearing held on such a motion: (a) Defendant will be precluded from arguing that he did not 

violate the federal securities laws as alleged in the Complaint; (b) Defendant may not challenge 

the validity of the Consent or this Judgment; (c) solely for the purposes of such motion, the 

allegations of the Complaint shall be accepted as and deemed true by the Court; and (d) the 

Court may determine the issues raised in the motion on the basis of affidavits, declarations, 

excerpts of sworn deposition or investigative testimony, and documentary evidence, without 

regard to the standards for summary judgment contained in Rule 56(c) of the Federal Rules of 

Civil Procedure. 

 
X. 

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. 

 

XI. 

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 

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 

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8 

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). 

XII. 

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 Judgment. 

Dated:  ______________, 2023 

____________________________________ 
UNITED STATES DISTRICT JUDGE 

July 10

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CarriePotter
MSMCourtStamp