SEC v. Elbert G. Elliott, No. 1:22-cv-04975, Northern District of Illinois (May 18, 2023) — Judgment

1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

SECURITIES AND EXCHANGE
COMMISSION,

Plaintiff,
 Case No. 22-cv-4975
v.
 Judge John Robert Blakey
CHICAGO CRYPTO CAPITAL, LLC, et al.,

Defendants.

FINAL DEFAULT JUDGMENT
AS TO DEFENDANT ELBERT G. ELLIOTT

Having considered  the  evidence  in  this  matter,  the  Court  grants  the  United
States Securities and Exchange Commission’s Motion for Default Judgment Against
All Remaining Defendants.   The   Court   hereby   enters   final   judgment   against
Defendant Elbert G. Elliott as follows:
I.
 IT  IS  HEREBY  ORDERED,  ADJUDGED,  AND  DECREED  that  Defendant
Elbert G. Elliott 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:

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  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).
II.
 IT  IS  HEREBY  FURTHER  ORDERED,  ADJUDGED,  AND  DECREED  that
Defendant  Elbert  G.  Elliott  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

3

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  Elbert  G.  Elliott  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

4

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 Defendants or with anyone
described in (a).
IV.
IT  IS  HEREBY  ORDERED,  ADJUDGED,  AND  DECREED  that  Defendant
Elbert G. Elliott is permanently restrained and enjoined from violating Section 15(a)
of the Exchange Act, 15 U.S.C. § 78o(a), by, directly or indirectly, making use of the
mails  or  any  means  or  instrumentality  of  interstate  commerce  to  effect  any
transactions in, or to induce or attempt to induce the purchase or sale of, any security
(other  than  an  exempted  security  or  commercial  paper,  bankers’  acceptances,  or
commercial bills) unless registered with the Commission in accordance with Section

5

15(b) of the Exchange Act, 15 U.S.C. § 78o(b), or associated with a broker-dealer that
is registered with the Commission in accordance with Section 15(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  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).
V.
 IT  IS  HEREFY  FURTHER  ORDERED,  ADJUDGED,  AND  DECREED  that
pursuant  to  Section  21(d)(5)  of  the  Exchange  Act,  15  U.S.C.  § 78u(d)(5),  Defendant
Elbert G. Elliott is permanently restrained and enjoined from participating, directly
or indirectly, including, but not limited to, through any entity controlled by him, in
any offering of crypto asset securities; provided, however, that such injunction shall
not  prevent  him  from  purchasing  or  selling  any  crypto  asset  security  for  his  own
personal 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  Final  Judgment  by  personal  service  or
otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and

6

(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 Elbert G. Elliott is liable for disgorgement of $21,777.64, representing net
profits  gained  as  a  result  of  the  conduct  alleged  in  the  Complaint,  together  with
prejudgment interest thereon in the amount of $3,167.66, and a civil penalty in the
amount  of  $133,938,  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 his obligation by paying these amounts 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; Elbert G. Elliott as defendant; and specifying that payment
is made pursuant to this Final Judgment.

7

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.  Defendants  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 “Fair Fund”),
pending further order of the Court.
The Commission may propose a plan to distribute the Fair Fund subject to the
Court’s  approval. Such  a  plan  may  provide  that  the  Fair 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 Fair Fund and the Fair Fund may only be disbursed pursuant to an Order of
the Court.

8

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  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 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.
VIII.
 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.

9

IX.
There being  no  just  reason  for  delay,  pursuant  to  Rule  55(b)  of  the  Federal
Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith
and without further notice.
Dated:  May 10, 2023    Entered:

      ____________________________
      John Robert Blakey
       United States District Judge

1 
 

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 
 

 
  
SECURITIES AND EXCHANGE 
COMMISSION, 

 

  
Plaintiff,  

 Case No. 22-cv-4975 
v.  

 Judge John Robert Blakey 
CHICAGO CRYPTO CAPITAL, LLC, et al.,  
  

Defendants.  
  

 
FINAL DEFAULT JUDGMENT  

AS TO DEFENDANT ELBERT G. ELLIOTT  
 

Having considered the evidence in this matter, the Court grants the United 

States Securities and Exchange Commission’s Motion for Default Judgment Against 

All Remaining Defendants. The Court hereby enters final judgment against 

Defendant Elbert G. Elliott as follows:  

I. 

 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant 

Elbert G. Elliott 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: 

Case: 1:22-cv-04975 Document #: 22 Filed: 05/10/23 Page 1 of 9 PageID #:143



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 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). 

II. 

 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 

Defendant Elbert G. Elliott 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 

Case: 1:22-cv-04975 Document #: 22 Filed: 05/10/23 Page 2 of 9 PageID #:144



3 
 

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 Elbert G. Elliott 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 

Case: 1:22-cv-04975 Document #: 22 Filed: 05/10/23 Page 3 of 9 PageID #:145



4 
 

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 Defendants or with anyone 

described in (a). 

IV. 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant 

Elbert G. Elliott is permanently restrained and enjoined from violating Section 15(a) 

of the Exchange Act, 15 U.S.C. § 78o(a), by, directly or indirectly, making use of the 

mails or any means or instrumentality of interstate commerce to effect any 

transactions in, or to induce or attempt to induce the purchase or sale of, any security 

(other than an exempted security or commercial paper, bankers’ acceptances, or 

commercial bills) unless registered with the Commission in accordance with Section 

Case: 1:22-cv-04975 Document #: 22 Filed: 05/10/23 Page 4 of 9 PageID #:146



5 
 

15(b) of the Exchange Act, 15 U.S.C. § 78o(b), or associated with a broker-dealer that 

is registered with the Commission in accordance with Section 15(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 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). 

V. 

 IT IS HEREFY FURTHER ORDERED, ADJUDGED, AND DECREED that 

pursuant to Section 21(d)(5) of the Exchange Act, 15 U.S.C. § 78u(d)(5), Defendant 

Elbert G. Elliott is permanently restrained and enjoined from participating, directly 

or indirectly, including, but not limited to, through any entity controlled by him, in 

any offering of crypto asset securities; provided, however, that such injunction shall 

not prevent him from purchasing or selling any crypto asset security for his own 

personal 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 Final Judgment by personal service or 

otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and 

Case: 1:22-cv-04975 Document #: 22 Filed: 05/10/23 Page 5 of 9 PageID #:147



6 
 

(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 Elbert G. Elliott is liable for disgorgement of $21,777.64, representing net 

profits gained as a result of the conduct alleged in the Complaint, together with 

prejudgment interest thereon in the amount of $3,167.66, and a civil penalty in the 

amount of $133,938, 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 his obligation by paying these amounts 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; Elbert G. Elliott as defendant; and specifying that payment 

is made pursuant to this Final Judgment.  

Case: 1:22-cv-04975 Document #: 22 Filed: 05/10/23 Page 6 of 9 PageID #:148



7 
 

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. Defendants 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 “Fair Fund”), 

pending further order of the Court.   

The Commission may propose a plan to distribute the Fair Fund subject to the 

Court’s approval. Such a plan may provide that the Fair 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 Fair Fund and the Fair Fund may only be disbursed pursuant to an Order of 

the Court.   

Case: 1:22-cv-04975 Document #: 22 Filed: 05/10/23 Page 7 of 9 PageID #:149



8 
 

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 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 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. 

VIII. 

 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. 

Case: 1:22-cv-04975 Document #: 22 Filed: 05/10/23 Page 8 of 9 PageID #:150



9 
 

IX. 

There being no just reason for delay, pursuant to Rule 55(b) of the Federal 

Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith 

and without further notice. 

Dated:  May 10, 2023    Entered: 
 
     

      ____________________________ 
      John Robert Blakey 

       United States District Judge 
 

Case: 1:22-cv-04975 Document #: 22 Filed: 05/10/23 Page 9 of 9 PageID #:151