SEC v. GPL VENTURES LLC; and HempAmericana, Inc., No. 1:21-cv-06814, Southern District of New York (May 24, 2023) — Judgment
raw: SEC v. GPL VENTURES LLC
SEC v. GPL VENTURES LLC, No. 1:21-cv-06814 (May 24, 2023)
The SEC obtained a default judgment against HempAmericana, Inc., resulting in a permanent injunction against future securities fraud violations.
HempAmericana, Inc. was found in default after failing to retain new counsel following the withdrawal of its previous attorney. The SEC withdrew its claims for disgorgement, prejudgment interest, and civil penalties against the defendant. The court issued a final judgment permanently enjoining the company from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934.
The Securities and Exchange Commission (SEC) successfully obtained a default judgment against HempAmericana, Inc. following the company's failure to retain new counsel by a court-ordered deadline. The underlying litigation involved allegations of securities fraud, including the use of fraudulent schemes and the making of untrue statements of material fact. Although the SEC initially sought disgorgement, prejudgment interest, and civil penalties, it ultimately withdrew these specific monetary claims against HempAmericana. The court's final judgment permanently restrains the defendant and its agents from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934. This injunction prohibits the defendant from employing any device to defraud or omitting material facts in the offer or sale of securities. The court has retained jurisdiction to enforce the terms of this final judgment.
Extracted insights
- person caryn g. schechtman
- person default judgment against hempamericana
- company hempamericana, inc.
- agency Securities and Exchange Commission
- Securities And Exchange Commission filed complaint HempAmericana, Inc.
- HempAmericana, Inc. filed answer the complaint
- Caryn G. Schechtman filed letter intention to withdraw as counsel for HempAmericana
- Caryn G. Schechtman filed letter request for motion to withdraw as counsel for HempAmericana
- Securities And Exchange Commission filed motion default judgment against HempAmericana
- Securities And Exchange Commission determined withdraw claims for disgorgement, prejudgment interest, and civil penalties against HempAmericana
- HempAmericana, Inc. is restrained Section 17(a) of the Securities Act of 1933
- HempAmericana, Inc. is restrained Section 1 O(b) of the Securities Exchange Act of 1934 and Rule 10b-5
- Defendant's Officers, Agents, Servants, Employees, And Attorneys are bound the final judgment
- Other Persons In Active Concert Or Participation With Defendant are bound the final judgment
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
-against-
GPL VENTURES LLC, et al.,
Defendants.
No. 1:21-cv-06814 (AKH)
ECFCASE
WHEREAS, on August 13, 2021, the Securities and Exchange Commission filed a
Complaint against Defendant HempAmericana, Inc. ("HempAmericana") (ECF No.
1);
WHEREAS, on March 15, 2022, HempAmericana filed an Answer to the Complaint
denying the allegations in the Complaint (ECF No.
71 );
WHEREAS, on June 15, 2022, counsel for HempAmericana (Caryn G. Schechtman)
filed a Letter (ECF No. 83) informing the Court
of her intention to file a Motion to Withdraw as
Counsel for HempAmericana;
WHEREAS, on October 24, 2022, counsel for HempAmericana (Caryn G. Schechtman)
filed a Letter requesting that the Court grant her Motion to Withdraw as Counsel for
HempAmericana (ECF Nos. 110 and 110-1);
WHEREAS, on October 25, 2022, the Court entered an Order granting the motion to
withdraw (ECF No. 114), and entered an Order directing HempAmericana to retain counsel
within 60 days, by December 24, 2022, or be deemed in default (ECF No. 113);
WHEREAS, on March 23, 2023, the Clerk of the Court entered a Certificate of Default
(ECF No. 121) noting that no new counsel had appeared for HempAmericana, and noting the
default of HempAmericana;
WHEREAS, the Commission filed a Motion for Default Judgment against
HempAmericana, and has indicated that it determined to withdraw the claims for disgorgement,
prejudgment interest, and civil penalties against HempAmericana;
WHEREAS, the Court has determined to grant the Commission's Motion;
NOW, THEREFORE:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating Section 17(a)
of the Securities Act of 1933
[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
2
participation with Defendant or with anyone described in (a).
II.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating, directly or indirectly, Section 1
O(b) of the
Securities Exchange Act
of 1934 [15 U.S.C. § 78j(b)] and Rule lOb-5 promulgated thereunder
[17 C.F.R. § 240.lOb-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).
III.
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
IV.
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.
Dated:~h,~
4Case 1:21-cv-06814-AKH Document 122-1 Filed 03/24/23 Page 1 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
-against-
GPL VENTURES LLC, et al.,
Defendants.
No. 1:21-cv-06814 (AKH)
ECFCASE
WHEREAS, on August 13, 2021, the Securities and Exchange Commission filed a
Complaint against Defendant HempAmericana, Inc. ("HempAmericana") (ECF No. 1);
WHEREAS, on March 15, 2022, HempAmericana filed an Answer to the Complaint
denying the allegations in the Complaint (ECF No. 71 );
WHEREAS, on June 15, 2022, counsel for HempAmericana (Caryn G. Schechtman)
filed a Letter (ECF No. 83) informing the Court of her intention to file a Motion to Withdraw as
Counsel for HempAmericana;
WHEREAS, on October 24, 2022, counsel for HempAmericana (Caryn G. Schechtman)
filed a Letter requesting that the Court grant her Motion to Withdraw as Counsel for
HempAmericana (ECF Nos. 110 and 110-1);
WHEREAS, on October 25, 2022, the Court entered an Order granting the motion to
withdraw (ECF No. 114), and entered an Order directing HempAmericana to retain counsel
within 60 days, by December 24, 2022, or be deemed in default (ECF No. 113);
WHEREAS, on March 23, 2023, the Clerk of the Court entered a Certificate of Default
(ECF No. 121) noting that no new counsel had appeared for HempAmericana, and noting the
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Case 1:21-cv-06814-AKH Document 122-1 Filed 03/24/23 Page 2 of 4
default of HempAmericana;
WHEREAS, the Commission filed a Motion for Default Judgment against
HempAmericana, and has indicated that it determined to withdraw the claims for disgorgement,
prejudgment interest, and civil penalties against HempAmericana;
WHEREAS, the Court has determined to grant the Commission's Motion;
NOW, THEREFORE:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
[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
2
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Case 1:21-cv-06814-AKH Document 122-1 Filed 03/24/23 Page 3 of 4
participation with Defendant or with anyone described in (a).
II.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating, directly or indirectly, Section 1 O(b) of the
Securities Exchange Act of 1934 [15 U.S.C. § 78j(b)] and Rule lOb-5 promulgated thereunder
[17 C.F.R. § 240.lOb-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).
III.
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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Case 1:21-cv-06814-AKH Document 122-1 Filed 03/24/23 Page 4 of 4
IV.
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.
Dated:~h,~
4
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