SEC v. Aaron B. Fletcher; and Twin Spires Financial LLC, No. 3:22-cv-01467, Western District of Louisiana (Sept. 19, 2022) — Judgment
raw: AARON B FLETCHER ET AL MAG. JUDGE KAYLA D. MCCLUSKY
AARON B FLETCHER ET AL MAG. JUDGE KAYLA D. MCCLUSKY, No. 3:22-cv-01467 (Sept. 19, 2022)
Aaron B. Fletcher and Twin Spires Financial LLC were ordered to pay over $232,000 to the SEC to resolve allegations of securities law violations.
Defendants Aaron B. Fletcher and Twin Spires Financial LLC were held jointly and severally liable for disgorgement of $26,303 in net profits and $6,642.88 in prejudgment interest. The court also imposed a $200,000 civil penalty pursuant to the Securities Exchange Act of 1934 and the Securities Act of 1933. In total, the defendants must pay $232,410.95 to the SEC within 30 days of the judgment.
The U.S. Securities and Exchange Commission secured a final judgment against Aaron B. Fletcher and Twin Spires Financial LLC in the U.S. District Court for the Western District of Louisiana. Under the terms of a consent judgment, the defendants are jointly and severally liable for $26,303 in disgorgement of net profits, $6,642.88 in prejudgment interest, and a $200,000 civil penalty. To satisfy these obligations, the defendants are ordered to pay a total of $232,410.95 to the SEC within 30 days of the entry of the judgment. The judgment includes permanent injunctive relief and stipulates that the defendants relinquish all legal and equitable rights to the funds. The court retains jurisdiction to enforce the terms of this final judgment and the underlying consent agreements. The SEC is authorized to use all legal collection procedures to enforce the disgorgement and penalties.
Extracted insights
- $232K $232,410 $100K–$1M
- $200K $200,000 $100K–$1M
- $26K $26,303 $10K–$100K
- $7K $6,642 <$10K
- court united states district court
- United States District Court Ordered Defendants Are Jointly And Severally Liable For Disgorgement Of $26,303
- Defendants Pay $232,410.95 To The Securities And Exchange Commission Within 30 Days After Entry Of This Final Judgment
- Defendants Relinquish All Legal And Equitable Right, Title, And Interest In Such Funds
- The Commission Send The Funds Paid Pursuant To This Final Judgment To The United States Treasury
- The Commission Enforce The Court’S Judgment For Disgorgement And Prejudgment Interest By Using All Collection Procedures Authorized By Law
- The Commission Enforce The Court’S Judgment For Penalties By The Use Of All Collection Procedures Authorized By Law
- The Commission Move For Civil Contempt At Any Time After Thirty (30) Days Following Entry Of This Final Judgment
- Defendants Pay Post Judgment Interest On Any Amounts Due After Thirty (30) Days Of The Entry Of This Final Judgment Pursuant To 28 U.S.C. § 1961
- The Commission Provide Instructions Detailed Ach Transfer/Fedwire Instructions Upon Request
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
U S SECURITIES & EXCHANGE
COMMISSION
CASE NO. 3:22-CV-01467
VERSUS
JUDGE TERRY A. DOUGHTY
AARON B FLETCHER ET AL MAG. JUDGE KAYLA D. MCCLUSKY
JUDGMENT
Upon consideration of Plaintiff’s Motion for Remedies [Doc. No. 7] against defendants
Aaron B. Fletcher (“Fletcher”) and Twin Spires Financial LLC (“Twin Spires”) (collectively
“Defendants”), and Fletcher’s response to the Motion [Doc. No. 11] and in accordance with the
consent judgments separately agreed to by Plaintiff and each of the Defendants, and being
advised in the premises,
IT IS ORDERED, ADJUDGED, AND DECREED that Defendants are jointly and
severally liable for disgorgement of $26,303, representing net profits gained as a result of the
conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of
$6,642.88, and a civil penalty in the amount of $200,000 pursuant to Section 21(d)(3) of the
Securities Exchange Act of 1934 [15 U.S.C. § 78u(d)(3)] and Section 20(d) of the Securities Act
of 1933 [15 U.S.C. § 77t(d)]. Defendants, jointly and severally, shall satisfy this obligation by
paying $232,410.95 to the Securities and Exchange Commission within 30 days after entry of
this Final Judgment.
Defendants 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
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http://www.sec.gov/about/offices/ofm.htm. Defendants 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; the name of the defendant making the payment, identified as a defendant in this
action; and specifying that payment is made pursuant to this Final Judgment.
The defendant making the payment shall simultaneously transmit photocopies of
evidence of payment and case identifying information to the Commission’s counsel in this
action. By making this payment, Defendants relinquish all legal and equitable right, title, and
interest in such funds and no part of the funds shall be returned to either of Defendants. 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 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 thirty (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, jointly and severally, shall pay post judgment interest on any
amounts due after thirty (30) days of the entry of this Final Judgment pursuant to 28 U.S.C. §
1961.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the respective
Consents previously executed by Defendants are incorporated herein with the same force and
effect as if fully set forth herein, and that each of Defendants shall comply with all of the
undertakings and agreements respectively set forth therein in their respective consent.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the permanent
injunctive relief previously ordered by this Court shall remain in effect.
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.
MONROE, LOUISIANA, this 2
nd
day of August 2022.
Terry A. Doughty
United States District JudgeUNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
U S SECURITIES & EXCHANGE
COMMISSION
CASE NO. 3:22-CV-01467
VERSUS
JUDGE TERRY A. DOUGHTY
AARON B FLETCHER ET AL MAG. JUDGE KAYLA D. MCCLUSKY
JUDGMENT
Upon consideration of Plaintiff’s Motion for Remedies [Doc. No. 7] against defendants
Aaron B. Fletcher (“Fletcher”) and Twin Spires Financial LLC (“Twin Spires”) (collectively
“Defendants”), and Fletcher’s response to the Motion [Doc. No. 11] and in accordance with the
consent judgments separately agreed to by Plaintiff and each of the Defendants, and being
advised in the premises,
IT IS ORDERED, ADJUDGED, AND DECREED that Defendants are jointly and
severally liable for disgorgement of $26,303, representing net profits gained as a result of the
conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of
$6,642.88, and a civil penalty in the amount of $200,000 pursuant to Section 21(d)(3) of the
Securities Exchange Act of 1934 [15 U.S.C. § 78u(d)(3)] and Section 20(d) of the Securities Act
of 1933 [15 U.S.C. § 77t(d)]. Defendants, jointly and severally, shall satisfy this obligation by
paying $232,410.95 to the Securities and Exchange Commission within 30 days after entry of
this Final Judgment.
Defendants 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
Case 3:22-cv-01467-TAD-KDM Document 12 Filed 08/04/22 Page 1 of 3 PageID #: 203
2
http://www.sec.gov/about/offices/ofm.htm. Defendants 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; the name of the defendant making the payment, identified as a defendant in this
action; and specifying that payment is made pursuant to this Final Judgment.
The defendant making the payment shall simultaneously transmit photocopies of
evidence of payment and case identifying information to the Commission’s counsel in this
action. By making this payment, Defendants relinquish all legal and equitable right, title, and
interest in such funds and no part of the funds shall be returned to either of Defendants. 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 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 thirty (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, jointly and severally, shall pay post judgment interest on any
amounts due after thirty (30) days of the entry of this Final Judgment pursuant to 28 U.S.C. §
1961.
Case 3:22-cv-01467-TAD-KDM Document 12 Filed 08/04/22 Page 2 of 3 PageID #: 204
3
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the respective
Consents previously executed by Defendants are incorporated herein with the same force and
effect as if fully set forth herein, and that each of Defendants shall comply with all of the
undertakings and agreements respectively set forth therein in their respective consent.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the permanent
injunctive relief previously ordered by this Court shall remain in effect.
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.
MONROE, LOUISIANA, this 2nd day of August 2022.
Terry A. Doughty
United States District Judge
Case 3:22-cv-01467-TAD-KDM Document 12 Filed 08/04/22 Page 3 of 3 PageID #: 205