SEC v. RUBEN JAMES ROJAS, No. 5:19-cv-01799, Central District of California (Nov. 21, 2022) — Judgment

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

SECURITIES AND EXCHANGE
COMMISSION,
                    Plaintiff,

       v.

RUBEN JAMES ROJAS,
                    Defendant.

  Case No. 5:19-cv-01799-FLA (SHKx)
AMENDED FINAL JUDGMENT AS
TO DEFENDANT RUBEN JAMES
ROJAS [DKT. 81]

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On September 19, 2019, Plaintiff the Securities and Exchange Commission
(“Plaintiff” or the “Commission”) field a Complaint in the action.  Dkt. 1.  On
October 27, 2022, Defendant Ruben James Rojas (“Defendant” or “Rojas”), having
entered a general appearance and consented to the court’s jurisdiction over Defendant
and the subject matter of this action, consented to entry of this Final Judgment,
waived findings of fact and conclusions of law, waived any right to appeal from this
Final Judgment, admitted the facts set forth in the Consent of Defendant Ruben James
Rojas (“the Consent”), and acknowledged that his conduct violated the federal
securities laws.  Dkt. 79.
Accordingly:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating Section 17(a)(3) of the Securities
Act of 1933 (the “Securities Act”), 15 U.S.C. § 77q(a)(3), 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 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).
II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that pursuant
to Section 21(d)(5) of the Securities Exchange Act of 1934 (the “Exchange Act”),
15 U.S.C. § 78u(d)(5), Defendant is (a) permanently restrained and enjoined from

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directly, or indirectly, (i) participating in any issuance, purchase, offer, or sale of
municipal securities, as defined in Section 3(a)(29) of the Exchange Act, 15 U.S.C.
§ 78c(a)(29), including but not limited to engaging or communicating with a broker,
dealer, municipal securities dealer, municipal advisor, bond insurer, nationally
recognized statistical rating organization, investor, issuer or obligated person for
purposes of issuing, purchasing, offering, or selling any municipal security; and (ii)
participating in the preparation of any materials or information, which Defendant
should reasonably expect to be submitted to the Municipal Securities Rulemaking
Board’s Electronic Municipal Market Access system in connection with an offering
or a continuing disclosure obligation, or which Defendant should reasonably expect
to be provided to investors in connection with any offering (including a private
placement) of municipal securities, provided however, that such injunction shall not
prevent Defendant from purchasing or selling municipal securities for his own
personal account; and (b) ordered to provide a copy of the Final Judgment by email
or mail within 10 days of the entry of the Final Judgment to any issuer of municipal
securities or obligated person with which Defendant is employed as of the date of
the entry of the Final Judgment.
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 Defendant
shall pay a civil penalty in the amount of $50,000 to the Securities and Exchange
Commission pursuant to Section 20(d)(1) of the Securities Act, 15 U.S.C. § 77u(d)(3).

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Defendant shall make this payment pursuant to the terms of the payment schedule set
forth in paragraph IV below 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; Ruben James Rojas 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 shall send the funds paid pursuant to this Final Judgment to the United
States Treasury.
The Commission may enforce the Court’s judgment for penalties by the use of
all collection procedures authorized by law, including the Federal Debt Collection
Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the
violation of any court orders issued in this action.  Defendant shall pay post-judgment
interest on any amounts due after 30 days of the entry of this Final Judgment pursuant
to 28 U.S.C. § 1961.
/ / /
/ / /

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IV.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ruben
James Rojas shall pay the total penalty due of $50,000 to the Commission according
to the following schedule: (1) $10,000 within ten (10) days of entry of this Final
Judgment; (2) the remaining $40,000, together with post-judgment interest, within 365
days after entry of this Final Judgment.  Payments shall be deemed made on the date
they are received by the Commission and shall be applied first to post-judgment
interest, which accrues pursuant to 28 U.S.C. § 1961 on any unpaid amounts due after
30 days of the entry of Final Judgment.  Prior to making the final payment set forth
herein, Ruben James Rojas shall contact the staff of the Commission for the amount
due for the final payment.
V.
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.
  VI.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, for
purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code,
11 U.S.C. § 523, the allegations in the complaint are true and admitted by Defendant,
and further, any debt for disgorgement, prejudgment interest, civil penalty or other
amounts due by Defendant under this Final Judgment or any other judgment, order,
consent order, decree or settlement agreement entered in connection with this
proceeding, is a debt for the violation by Defendant of the federal securities laws or
any regulation or order issued under such laws, as set forth in Section 523(a)(19) of
the Bankruptcy Code, 11 U.S.C. § 523(a)(19).
///
///

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VII.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this court
shall retain jurisdiction of this matter for the purposes of enforcing the terms of this
Final Judgment.

Dated: November 18, 2022             _______________________________
FERNANDO L. AENLLE-ROCHA
                                                            United          States          District          Judge

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UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA 

 

SECURITIES AND EXCHANGE 
COMMISSION, 

  Plaintiff, 
 

       v. 

 
RUBEN JAMES ROJAS,           

  Defendant. 
 
 

 Case No. 5:19-cv-01799-FLA (SHKx) 

AMENDED FINAL JUDGMENT AS 
TO DEFENDANT RUBEN JAMES 
ROJAS [DKT. 81] 

 
  
 

 

  

 

 

 

 

 

 

 

  

Case 5:19-cv-01799-FLA-SHK   Document 82   Filed 11/18/22   Page 1 of 6   Page ID #:1049



 

 
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On September 19, 2019, Plaintiff the Securities and Exchange Commission 

(“Plaintiff” or the “Commission”) field a Complaint in the action.  Dkt. 1.  On 

October 27, 2022, Defendant Ruben James Rojas (“Defendant” or “Rojas”), having 

entered a general appearance and consented to the court’s jurisdiction over Defendant 

and the subject matter of this action, consented to entry of this Final Judgment, 

waived findings of fact and conclusions of law, waived any right to appeal from this 

Final Judgment, admitted the facts set forth in the Consent of Defendant Ruben James 

Rojas (“the Consent”), and acknowledged that his conduct violated the federal 

securities laws.  Dkt. 79. 

Accordingly: 

I. 

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

permanently restrained and enjoined from violating Section 17(a)(3) of the Securities 

Act of 1933 (the “Securities Act”), 15 U.S.C. § 77q(a)(3), 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 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). 

II. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that pursuant 

to Section 21(d)(5) of the Securities Exchange Act of 1934 (the “Exchange Act”), 

15 U.S.C. § 78u(d)(5), Defendant is (a) permanently restrained and enjoined from 

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directly, or indirectly, (i) participating in any issuance, purchase, offer, or sale of 

municipal securities, as defined in Section 3(a)(29) of the Exchange Act, 15 U.S.C. 

§ 78c(a)(29), including but not limited to engaging or communicating with a broker, 

dealer, municipal securities dealer, municipal advisor, bond insurer, nationally 

recognized statistical rating organization, investor, issuer or obligated person for 

purposes of issuing, purchasing, offering, or selling any municipal security; and (ii) 

participating in the preparation of any materials or information, which Defendant 

should reasonably expect to be submitted to the Municipal Securities Rulemaking 

Board’s Electronic Municipal Market Access system in connection with an offering 

or a continuing disclosure obligation, or which Defendant should reasonably expect 

to be provided to investors in connection with any offering (including a private 

placement) of municipal securities, provided however, that such injunction shall not 

prevent Defendant from purchasing or selling municipal securities for his own 

personal account; and (b) ordered to provide a copy of the Final Judgment by email 

or mail within 10 days of the entry of the Final Judgment to any issuer of municipal 

securities or obligated person with which Defendant is employed as of the date of 

the entry of the Final Judgment. 

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 Defendant 

shall pay a civil penalty in the amount of $50,000 to the Securities and Exchange 

Commission pursuant to Section 20(d)(1) of the Securities Act, 15 U.S.C. § 77u(d)(3).  

Case 5:19-cv-01799-FLA-SHK   Document 82   Filed 11/18/22   Page 3 of 6   Page ID #:1051



 

 
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Defendant shall make this payment pursuant to the terms of the payment schedule set 

forth in paragraph IV below 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; Ruben James Rojas 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 shall send the funds paid pursuant to this Final Judgment to the United 

States Treasury.  

The Commission may enforce the Court’s judgment for penalties by the use of 

all collection procedures authorized by law, including the Federal Debt Collection 

Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the 

violation of any court orders issued in this action.  Defendant shall pay post-judgment 

interest on any amounts due after 30 days of the entry of this Final Judgment pursuant 

to 28 U.S.C. § 1961. 

/ / / 

/ / / 

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IV. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ruben 

James Rojas shall pay the total penalty due of $50,000 to the Commission according 

to the following schedule: (1) $10,000 within ten (10) days of entry of this Final 

Judgment; (2) the remaining $40,000, together with post-judgment interest, within 365 

days after entry of this Final Judgment.  Payments shall be deemed made on the date 

they are received by the Commission and shall be applied first to post-judgment 

interest, which accrues pursuant to 28 U.S.C. § 1961 on any unpaid amounts due after 

30 days of the entry of Final Judgment.  Prior to making the final payment set forth 

herein, Ruben James Rojas shall contact the staff of the Commission for the amount 

due for the final payment.  

V. 

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. 

  VI. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, for 

purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 

11 U.S.C. § 523, the allegations in the complaint are true and admitted by Defendant, 

and further, any debt for disgorgement, prejudgment interest, civil penalty or other 

amounts due by Defendant under this Final Judgment or any other judgment, order, 

consent order, decree or settlement agreement entered in connection with this 

proceeding, is a debt for the violation by Defendant of the federal securities laws or 

any regulation or order issued under such laws, as set forth in Section 523(a)(19) of 

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

/// 

/// 

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VII. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this court 

shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 

Final Judgment. 

 

 

Dated: November 18, 2022    _______________________________ 
FERNANDO L. AENLLE-ROCHA 

      United States District Judge  

 

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