SEC v. Luis Jimenez Carrillo; Amar Bahadoorsingh; Justin Roger Wall; Jamie Samuel Wilson; Haydee Yolanda Sanchez Diaz Monge; Martha Y. Jimenez Trust, et al., No. 1:21-cv-11272, District of Massachusetts (Sept. 21, 2023) — Judgment

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
V.
LUIS JIMENEZ CARRILLO, AMAR
BAHADOORSINGH, JUSTIN ROGER
WALL, and JAMIE SAMUEL WILSON,
Defendants,
and
HAYDEE YOLANDA SANCHEZ DIAZ
MONGE, MARTHA Y. JIMENEZ TRUST,
and CHARLES A. CARRILLO TRUST,
Relief Defendants.
Civil Action No. 21-CV-l 1272-WGY
FINAL JUDGMENT
AS TO DEFENDANT LUIS JIMENEZ CARRILLO
The Securities and Exchange Commission ("Commission") having moved for default
judgment on its claims that defendant Luis Jimenez Carrillo ("Defendant") violated Sections
5(a), 5(c), 17(a)(1) and (3) of the Securities Act of 1933 ("Securities Act"), Sections 10(b) and
13(d) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5(a) and (c)
thereunder, and considering any opposition that may be filed, the Court now GRANTS the
Commission's motion, FINDS that defendant Carrillo violated Sections 5(a), 5(c), 17(a)(1) and
(3) of the Securities Act, Sections 10(b) and 13(d) of the Exchange Act and Rules 10b-5(a) and
(c) thereunder, and further orders as follows:
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

Exchange Act [15 U.S.C. §78j(b)] and Rule lOb-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:
(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 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).
11.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Section 17(a) of 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
(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 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).
III.
IT IS HEREBY FURTHER 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).
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violation Section 13(d) of the Exchange Act [15
U.S.C. §78m(d)] by, directly or indirectly, failing to file statements with the Commissoin
containing the information required by Schedule 13D [17 C.F.R. §240.13d-101], within 10 days
after acquiring directly or indirectly the beneficial ownership of more than five percent of any
equity security of a class of securities which is specified in Exchange Act Rule 13d-l(i) [17
C.F.R. §240.13d-l(i)].
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 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 liable for disgorgement of $39,334,544, representing net profits gained as a result of the
conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of
$7,782,751, and a civil penalty in the amount of $5,803,954 pursuant to 15 U.S.C. §§77t(d) &
78u(d)(3). Defendant shall satisfy this obligation by paying $52,921,249 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
httD://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 Mac Arthur Boulevard
Oklahoma City, OK 73169
and shall be accompanied by a letter identifying the case title, civil action number, and name of
this Court; Luis Jimenez Carrillo as a defendant in this action; and specifying that payment is
made 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 etseq., 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 Judgment shall be treated as penalties paid to the
government for all purposes, including all tax purposes. To preserve the deterrent effect of the
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 it is entitled to, nor shall it 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 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.
VI.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy of this Final Judgment, Scotiabank Inverlat ("Scotiabank") shall
transfer the entire balance of the following Scotiabank accounts which are controlled by
defendant Carrillo and were frozen pursuant to an Order of this Court to the Commission:
Account Owner
Acct. Ending in:
GPO Kedret SA de CV
*7641
Transformaciones y Servicios Industriales SA
de CV
*7544
El Quinto Poder SA de CV
*7668
Integradora Morka Sindicato Patronal
*8907
Estructura Internacional de la Construccion
SA de CV
*8859
Mantenimiento Mecanico Lenox SA de CV
*8205
Brapel Constructores SA de CV
*8470
Ojorm Administrativos SA de CV
*8124
Servicios de Limpieza Datop SA de CV
*7905
Scotiabank may transmit payment electronically to the Commission, which will provide
detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly
7

from a bank account via Pay.gov through the SEC website at
http://www.sec.gov/about/offices/ofm.htm. Scotiabank also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.
VII.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days af^er
being served with a copy of this Final Judgment, Banorte shall transfer the entire balance of the
following Banorte accounts which are controlled by defendant Carrillo and were frozen pursuant
to an Order of this Court to the Commission:
Account OwnerAcct. Ending in:
Bufet Corporative y Aduanero Khaliq SA de
CV
*4557
Fuze Construcciones SA de CV*4761
Comercializadora Anairda SA de CV
*3889
Banorte 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. Banorte also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.
VIII.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy of this Final Judgment, BBYA Bancomer ("BBVA") shall transfer the
entire balance of the following BBVA account(s) which are controlled by defendant Carrillo and
were frozen pursuant to an Order of this Court to the Commission:
Account Owner
Acct. Ending in:
Rikium Internacional SP*7097
BBVA 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. BBVA also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.
IX.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy of this Final Judgment, Banco Santander ("Santander") shall transfer
the entire balance of the following Santander account(s) which are controlled by defendant
Carrillo and were frozen pursuant to an Order of this Court to the Commission:
Account OwnerAcct. Ending in:
Promotora Prixom SP
*3785
Santander 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
httD://www.sec.gov/about/offices/ofm.htm. Santander also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.
X.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy of this Final Judgment, Banca Inbursa ("Inbursa") shall transfer the
entire balance of the following Inbursa account(s) which are controlled by defendant Carrillo and
were frozen pursuant to an Order of this Court to the Commission:
Account OwnerAcct. Ending in:
Servicios Mursatec SA de CV
*0707
10

Inbursa 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://wvyw.sec.gov/about/oifices/ofm.htm. Inbursa also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.
XI.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy of this Final Judgment, Banamex shall transfer the entire balance of the
following Banamex account(s) which are controlled by defendant Carrillo and were frozen
pursuant to an Order of this Court to the Commission:
Account Owner
Acct. Ending in:
Via Signature SA de CV
*3675
Banamex 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. Banamex also may transfer these funds 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
11

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; and specifying that payment is made pursuant to this Final Judgment.
XII.
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 Luis Jimenez Carrillo of
the federal securities laws or any regulation or order issued under such laws, as set forth in
Section 523(a)(I9) of the Bankruptcy Code, 11 U.S.C. §523(a)(19).
XIII.
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.
XIV.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice.
o.«,
UNITED STATES/DISTSICT JUDGE
12

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

SECURITIES AND EXCHANGE

COMMISSION,

Plaintiff,

V.

LUIS JIMENEZ CARRILLO, AMAR

BAHADOORSINGH, JUSTIN ROGER
WALL, and JAMIE SAMUEL WILSON,

Defendants,

and

HAYDEE YOLANDA SANCHEZ DIAZ

MONGE, MARTHA Y. JIMENEZ TRUST,
and CHARLES A. CARRILLO TRUST,

Relief Defendants.

Civil Action No. 21-CV-l 1272-WGY

FINAL JUDGMENT

AS TO DEFENDANT LUIS JIMENEZ CARRILLO

The Securities and Exchange Commission ("Commission") having moved for default

judgment on its claims that defendant Luis Jimenez Carrillo ("Defendant") violated Sections

5(a), 5(c), 17(a)(1) and (3) of the Securities Act of 1933 ("Securities Act"), Sections 10(b) and

13(d) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5(a) and (c)

thereunder, and considering any opposition that may be filed, the Court now GRANTS the

Commission's motion, FINDS that defendant Carrillo violated Sections 5(a), 5(c), 17(a)(1) and

(3) of the Securities Act, Sections 10(b) and 13(d) of the Exchange Act and Rules 10b-5(a) and

(c) thereunder, and further orders as follows:

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

Case 1:21-cv-11272-WGY   Document 105   Filed 09/19/23   Page 1 of 12



Exchange Act [15 U.S.C. §78j(b)] and Rule lOb-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:

(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 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).

11.

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

is permanently restrained and enjoined from violating Section 17(a) of 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;

Case 1:21-cv-11272-WGY   Document 105   Filed 09/19/23   Page 2 of 12



(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

(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 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).

III.

IT IS HEREBY FURTHER 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

Case 1:21-cv-11272-WGY   Document 105   Filed 09/19/23   Page 3 of 12



(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).

IV.

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

is permanently restrained and enjoined from violation Section 13(d) of the Exchange Act [15

U.S.C. §78m(d)] by, directly or indirectly, failing to file statements with the Commissoin

containing the information required by Schedule 13D [17 C.F.R. §240.13d-101], within 10 days

after acquiring directly or indirectly the beneficial ownership of more than five percent of any

equity security of a class of securities which is specified in Exchange Act Rule 13d-l(i) [17

C.F.R. §240.13d-l(i)].

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 agents.

Case 1:21-cv-11272-WGY   Document 105   Filed 09/19/23   Page 4 of 12



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 liable for disgorgement of $39,334,544, representing net profits gained as a result of the

conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of

$7,782,751, and a civil penalty in the amount of $5,803,954 pursuant to 15 U.S.C. §§77t(d) &

78u(d)(3). Defendant shall satisfy this obligation by paying $52,921,249 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

httD://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 Mac Arthur Boulevard

Oklahoma City, OK 73169

and shall be accompanied by a letter identifying the case title, civil action number, and name of

this Court; Luis Jimenez Carrillo as a defendant in this action; and specifying that payment is

made 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

Case 1:21-cv-11272-WGY   Document 105   Filed 09/19/23   Page 5 of 12



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 etseq., 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 Judgment shall be treated as penalties paid to the

government for all purposes, including all tax purposes. To preserve the deterrent effect of the

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 it is entitled to, nor shall it further benefit by, offset or reduction of such

compensatory damages award by the amount of any part of Defendant's payment of a civil

Case 1:21-cv-11272-WGY   Document 105   Filed 09/19/23   Page 6 of 12



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 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.

VI.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after

being served with a copy of this Final Judgment, Scotiabank Inverlat ("Scotiabank") shall

transfer the entire balance of the following Scotiabank accounts which are controlled by

defendant Carrillo and were frozen pursuant to an Order of this Court to the Commission:

Account Owner Acct. Ending in:

GPO Kedret SA de CV *7641

Transformaciones y Servicios Industriales SA
de CV

*7544

El Quinto Poder SA de CV *7668

Integradora Morka Sindicato Patronal *8907

Estructura Internacional de la Construccion

SA de CV

*8859

Mantenimiento Mecanico Lenox SA de CV *8205

Brapel Constructores SA de CV *8470

Ojorm Administrativos SA de CV *8124

Servicios de Limpieza Datop SA de CV *7905

Scotiabank may transmit payment electronically to the Commission, which will provide

detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly

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from a bank account via Pay.gov through the SEC website at

http://www.sec.gov/about/offices/ofm.htm. Scotiabank also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.

VII.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days af^er

being served with a copy of this Final Judgment, Banorte shall transfer the entire balance of the

following Banorte accounts which are controlled by defendant Carrillo and were frozen pursuant

to an Order of this Court to the Commission:

Account Owner Acct. Ending in:

Bufet Corporative y Aduanero Khaliq SA de
CV

*4557

Fuze Construcciones SA de CV *4761

Comercializadora Anairda SA de CV *3889

Banorte 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. Banorte also may transfer these funds 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

Case 1:21-cv-11272-WGY   Document 105   Filed 09/19/23   Page 8 of 12



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; and specifying that payment is made pursuant to this Final Judgment.

VIII.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after

being served with a copy of this Final Judgment, BBYA Bancomer ("BBVA") shall transfer the

entire balance of the following BBVA account(s) which are controlled by defendant Carrillo and

were frozen pursuant to an Order of this Court to the Commission:

Account Owner Acct. Ending in:

Rikium Internacional SP *7097

BBVA 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. BBVA also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.

IX.

Case 1:21-cv-11272-WGY   Document 105   Filed 09/19/23   Page 9 of 12



IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after

being served with a copy of this Final Judgment, Banco Santander ("Santander") shall transfer

the entire balance of the following Santander account(s) which are controlled by defendant

Carrillo and were frozen pursuant to an Order of this Court to the Commission:

Account Owner Acct. Ending in:

Promotora Prixom SP *3785

Santander 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

httD://www.sec.gov/about/offices/ofm.htm. Santander also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.

X.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after

being served with a copy of this Final Judgment, Banca Inbursa ("Inbursa") shall transfer the

entire balance of the following Inbursa account(s) which are controlled by defendant Carrillo and

were frozen pursuant to an Order of this Court to the Commission:

Account Owner Acct. Ending in:

Servicios Mursatec SA de CV *0707

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Inbursa 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://wvyw.sec.gov/about/oifices/ofm.htm. Inbursa also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.

XI.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after

being served with a copy of this Final Judgment, Banamex shall transfer the entire balance of the

following Banamex account(s) which are controlled by defendant Carrillo and were frozen

pursuant to an Order of this Court to the Commission:

Account Owner Acct. Ending in:

Via Signature SA de CV *3675

Banamex 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. Banamex also may transfer these funds 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

11

Case 1:21-cv-11272-WGY   Document 105   Filed 09/19/23   Page 11 of 12



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; and specifying that payment is made pursuant to this Final Judgment.

XII.

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 Luis Jimenez Carrillo of

the federal securities laws or any regulation or order issued under such laws, as set forth in

Section 523(a)(I9) of the Bankruptcy Code, 11 U.S.C. §523(a)(19).

XIII.

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.

XIV.

There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil

Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice.

o.«,

UNITED STATES/DISTSICT JUDGE

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