2021-09-10 sec-litreleases judgment 196 KB 2,473 chars

SEC v. MARK J. AHN, No. 1:21-cv-10203, District of Massachusetts (Sept. 10, 2021) — Judgment

raw: SEC v. MARK J. AHN

SEC v. MARK J. AHN, No. 1:21-cv-10203 (Sept. 10, 2021)

Caption
Securities & Exchange Commission v. Ahn
Exhibit of Mark Ahn
Source PDF JSON
summary

Mark J. Ahn entered a final judgment following SEC charges for securities fraud violations, resulting in a permanent injunction and an officer and director bar.

paragraph

The SEC charged Mark J. Ahn with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The court's judgment permanently enjoined Ahn from future violations and prohibited him from serving as an officer or director of any registered issuer. While the SEC initially reserved the right to seek a civil penalty, the parties ultimately agreed to strike that provision and the Commission elected not to pursue any monetary penalties.

narrative

The Securities and Exchange Commission filed a complaint against Mark J. Ahn alleging violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. On April 28, 2021, the court entered a judgment that permanently restrained Ahn from violating these securities laws and prohibited him from acting as an officer or director of any issuer with registered securities. Although the original judgment included a provision allowing the SEC to move for a civil penalty under Section 21A, the Commission ultimately decided not to seek such a penalty. Through a stipulated order, the parties agreed to strike the paragraph regarding potential civil penalties from the judgment. This modified order was entered as the Final Judgment in the matter. The resolution concludes the litigation without the imposition of additional monetary fines.

Enriched metadata

Scheme
financial-fraud (80%)
Court
District of Massachusetts
Case No.
1:21-cv-10203
Outcome
charged · 2021-02-05
Classified financial-fraud(confidence 80%). EDGAR detection: forms 10-K/10-Q/8-K/NT 10-K· recall 67% / precision 23%. detection rule →
Statutes
15 U.S.C. § 78j(b)17 C.F.R. § 240.10b-5Section 10(b) of the Securities Exchange ActRule 10b-5
Parties
Securities & Exchange CommissionMark J Ahn
Keywords
exchangesecurities exchangeexchange commissionahncommissionmarksecuritiespursuant exchangeorderfinalpursuantcommission markorder enteringentering finalfinal mark

Extracted insights

Entities 6
  • person civil penalty
  • person final judgment
  • person mark j. ahn
  • person sandra m. hanna
  • agency Securities and Exchange Commission
  • agency United States Securities And Exchange Commission
Triples 130
  • SECURITIES AND EXCHANGE COMMISSION filed complaint against Mark J. Ahn
  • SECURITIES AND EXCHANGE COMMISSION alleged violation of Section 10(b) of the Securities Exchange Act of 1934
  • SECURITIES AND EXCHANGE COMMISSION alleged violation of Rule 10b-5
  • Court entered Judgment restraining Mark J. Ahn
  • Court prohibited Mark J. Ahn from acting as an officer or director
  • SECURITIES AND EXCHANGE COMMISSION is not seeking civil penalty
  • Alfred A. Day is attorney for SECURITIES AND EXCHANGE COMMISSION
  • Sandra M. Hanna is attorney for Mark J. Ahn
  • Court struck Paragraph III of the Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed complaint against Mark J. Ahn
  • Mark J. Ahn violated Section 10(b) of the Securities Exchange Act of 1934
  • Mark J. Ahn violated Rule 10b-5
  • Court permanently restrained Mark J. Ahn
  • Court prohibited Mark J. Ahn from acting as an officer or director
  • SECURITIES AND EXCHANGE COMMISSION is not seeking civil penalty
  • Alfred A. Day is attorney for SECURITIES AND EXCHANGE COMMISSION
  • Sandra M. Hanna is attorney for Mark J. Ahn
  • Court struck Paragraph III of the Judgment
  • the Commission filed a complaint against Ahn
  • the Court entered Judgment as to Defendant Mark J. Ahn
  • the Judgment provided [u]pon motion of the Commission, the Court shall determine whether it is appropriate to order a civil penalty[y] pursuant to Section 21A of the Exchange Act[.]
  • the Commission is not seeking a civil penalty in this matter
  • the parties request that the Court enter the proposed order and Final Judgment
  • the Court orders that Paragraph III of the Judgment (Dkt. No. 14) is stricken
  • the Court orders that the Judgment, as modified, is the Final Judgment in this matter
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn alleging violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
  • the Court entered Judgment against Mark J. Ahn permanently restraining and enjoining him from violating Section 10(b) of the Exchange Act and Rule 10b-5 and prohibiting him from acting as an officer or director
  • the Commission is not seeking a civil penalty in this matter
  • the Court stricken Paragraph III of the Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • Securities and Exchange Commission filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • Securities and Exchange Commission filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file reports under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file reports under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • United States Securities and Exchange Commission filed complaint
  • United States Securities and Exchange Commission alleged violation of Section 10(b)
  • Mark J. Ahn violated Section 10(b)
  • Mark J. Ahn violated Rule 10b-5
  • Court entered Judgment
  • Mark J. Ahn restrained from violating Section 10(b)
  • Mark J. Ahn enjoined from violating Rule 10b-5
  • Mark J. Ahn prohibited from acting as officer or director
  • United States Securities and Exchange Commission not seeking civil penalty
  • Court stricken Paragraph III of the Judgment
  • Judgment is Final Judgment
  • Securities and Exchange Commission filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file reports under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file reports under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn alleging violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
  • the Court entered Judgment against Mark J. Ahn permanently restraining and enjoining him from violating Section 10(b) of the Exchange Act and Rule 10b-5 and prohibiting him from acting as an officer or director
  • the Commission is not seeking a civil penalty in this matter
  • the Court stricken Paragraph III of the Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file reports under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn alleging violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
  • the Court entered Judgment against Mark J. Ahn permanently restraining and enjoining him from violating Section 10(b) of the Exchange Act and Rule 10b-5 and prohibiting him from acting as an officer or director
  • the Commission is not seeking a civil penalty in this matter
  • the Court stricken Paragraph III of the Judgment
  • United States Securities and Exchange Commission filed a complaint
  • United States Securities and Exchange Commission alleged violation of Section 10(b)
  • Mark J. Ahn violated Section 10(b)
  • Mark J. Ahn violated Rule 10b-5
  • Court entered Judgment
  • Mark J. Ahn agreed to stipulate
  • United States Securities and Exchange Commission is not seeking a civil penalty
  • Court ordered Paragraph III stricken
  • Judgment is Final Judgment
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file reports under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
  • the Commission filed a complaint against Ahn
  • the complaint alleged violation of Section 10(b) of the Securities Exchange Act of 1934
  • the Court entered Judgment as to Defendant Mark J. Ahn
  • the Judgment restrains Ahn from violating Section 10(b) of the Exchange Act
  • the Judgment prohibits Ahn from acting as an officer or director
  • the Commission is not seeking a civil penalty
  • the parties request the Court enter the proposed order
  • SECURITIES AND EXCHANGE COMMISSION filed a complaint against Mark J. Ahn
  • Court entered Judgment against Mark J. Ahn
  • Court permanently restraining and enjoining Mark J. Ahn from violating Section 10(b) of the Exchange Act and Rule 10b-5
  • Court prohibiting Mark J. Ahn from acting as an officer or director of any issuer with securities registered under Section 12 or required to file reports under Section 15(d)
  • Commission is not seeking a civil penalty
  • Court stricken Paragraph III of the Judgment
PDF
SEC v. MARK J. AHN · Source
Text layers
Extracted body text (2,473c) 
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
MARK J. AHN,
Defendant.

No. 1:21-cv-10203-ADB

[PROPOSED] STIPULATED ORDER ENTERING FINAL
JUDGMENT AS TO DEFENDANT MARK J. AHN

Plaintiff, the United States Securities and Exchange Commission (“the Commission”) and defendant Mark J. Ahn hereby agree and stipulate as follows:

1. On February 5, 2021, the Commission filed a complaint against Ahn alleging violation of Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 [17 C.F.R. § 240.10b-5] thereunder (Dkt. No. 1).

2. On April 28, 2021 the Court entered Judgment as to Defendant Mark J. Ahn (the “Judgment”) permanently restraining and enjoining him from violating Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and prohibiting him from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act or that is required to file reports pursuant to Section 15(d) of the Exchange Act (Dkt. No. 14).


---

3. Paragraph III of the Judgment provided, "[u]pon motion of the Commission, the Court shall determine whether it is appropriate to order a civil penalty[y] pursuant to Section 21A of the Exchange Act[.]"

4. The Commission is not seeking a civil penalty in this matter.

Now, therefore, the parties respectfully request that the Court enter the proposed order and Final Judgment as set forth below.

Respectfully submitted,

SECURITIES AND EXCHANGE COMMISSION

/s/ Alfred A. Day
Alfred A. Day (BBO# 654436)
Martin F. Healey (BBO# 227550)
Asita Obeyesekere (DC Bar# 451637)
Nita Klunder (BBO# 689304)
Securities and Exchange Commission
Boston Regional Office
33 Arch Street, 24th Floor
Boston, MA 02110
(617) 573-4537

Attorneys for Plaintiff

BRUCH HANNA LLP

/s/ Sandra M. Hanna
Sandra M. Hanna (pro hac vice)
1099 New York Avenue, Suite 500
Washington, DC 20001
(202) 969-1630

Attorneys for Defendant

Dated: September 7, 2021

---

[PROPOSED] ORDER ENTERING FINAL
JUDGMENT AS TO DEFENDANT MARK J. AHN

Pursuant to the foregoing stipulation of the parties, the Court hereby orders as follows:

I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Paragraph III of the Judgment (Dkt. No. 14) is stricken.

II.
IT IS FURTHER ORDERED ADJUDGED AND DECREED that the Judgment, as modified, is the Final Judgment in this matter.

Dated: 9/8/2021
UNITED STATES DISTRICT JUDGE
OCR text (2,473c · tika+glm · 85% conf) 
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
MARK J. AHN,
Defendant.

No. 1:21-cv-10203-ADB

[PROPOSED] STIPULATED ORDER ENTERING FINAL
JUDGMENT AS TO DEFENDANT MARK J. AHN

Plaintiff, the United States Securities and Exchange Commission (“the Commission”) and defendant Mark J. Ahn hereby agree and stipulate as follows:

1. On February 5, 2021, the Commission filed a complaint against Ahn alleging violation of Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 [17 C.F.R. § 240.10b-5] thereunder (Dkt. No. 1).

2. On April 28, 2021 the Court entered Judgment as to Defendant Mark J. Ahn (the “Judgment”) permanently restraining and enjoining him from violating Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and prohibiting him from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act or that is required to file reports pursuant to Section 15(d) of the Exchange Act (Dkt. No. 14).


---

3. Paragraph III of the Judgment provided, "[u]pon motion of the Commission, the Court shall determine whether it is appropriate to order a civil penalty[y] pursuant to Section 21A of the Exchange Act[.]"

4. The Commission is not seeking a civil penalty in this matter.

Now, therefore, the parties respectfully request that the Court enter the proposed order and Final Judgment as set forth below.

Respectfully submitted,

SECURITIES AND EXCHANGE COMMISSION

/s/ Alfred A. Day
Alfred A. Day (BBO# 654436)
Martin F. Healey (BBO# 227550)
Asita Obeyesekere (DC Bar# 451637)
Nita Klunder (BBO# 689304)
Securities and Exchange Commission
Boston Regional Office
33 Arch Street, 24th Floor
Boston, MA 02110
(617) 573-4537

Attorneys for Plaintiff

BRUCH HANNA LLP

/s/ Sandra M. Hanna
Sandra M. Hanna (pro hac vice)
1099 New York Avenue, Suite 500
Washington, DC 20001
(202) 969-1630

Attorneys for Defendant

Dated: September 7, 2021

---

[PROPOSED] ORDER ENTERING FINAL
JUDGMENT AS TO DEFENDANT MARK J. AHN

Pursuant to the foregoing stipulation of the parties, the Court hereby orders as follows:

I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Paragraph III of the Judgment (Dkt. No. 14) is stricken.

II.
IT IS FURTHER ORDERED ADJUDGED AND DECREED that the Judgment, as modified, is the Final Judgment in this matter.

Dated: 9/8/2021
UNITED STATES DISTRICT JUDGE

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