SEC v. Mark J. Ahn, No. 1:21-cv-10203, District of Massachusetts (Apr. 28, 2021)

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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

________________________________________________
        :
SECURITIES AND EXCHANGE COMMISSION, :
        :
     Plaintiff,   :
        :
v. : No. 1:21-cv-10203-ADB
:
MARK J. AHN,       :
        :

     Defendant.  :
        :
________________________________________________:

JUDGMENT AS TO DEFENDANT MARK J. AHN
The Securities and Exchange Commission having filed a Complaint, and Mark J. Ahn
(“Defendant”) having entered a general appearance; consented to the Court’s jurisdiction over
Defendant and the subject matter of this action; consented to entry of this Judgment; waived
findings of fact and conclusions of law; and waived any right to appeal from this Judgment:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the
Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5
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:
(a) to employ any device, scheme, or artifice to defraud;

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(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 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)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)], Defendant is prohibited  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 [15 U.S.C. § 781] or that is required to file reports pursuant to Section 15(d) of
the Exchange Act [15 U.S.C. § 78o(d)].
III   .
Upon motion of the Commission, the Court shall determine whether it is appropriate to
order a civil penalties pursuant to Section 21A of the Exchange Act, [15 U.S.C. § 78u-1] and, if
so, the amount of the civil penalties.  In connection with the Commission’s motion for civil
penalties, and at any hearing held on such a motion: (a) Defendant will be precluded from
arguing that he did not violate the federal securities laws as alleged in the Complaint; (b)
Defendant may not challenge the validity of the Consent or this Judgment; (c) solely for the

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purposes of such motion, the allegations of the Complaint shall be accepted as and deemed true
by the Court; and (d) the Court may determine the issues raised in the motion on the basis of
affidavits, declarations, excerpts of sworn deposition or investigative testimony, and
documentary evidence, without regard to the standards for summary judgment contained in Rule
56(c) of the Federal Rules of Civil Procedure.  In connection with the Commission’s motion for
civil penalties, the parties may take discovery, including discovery from appropriate non-parties.
IV.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant’s 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.
V.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely 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
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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VI.
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 Judgment.
Dated:  _________________________ _________________________________
UNITED STATES DISTRICT JUDGE
April 28, 2021

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UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 

 
________________________________________________ 
        : 
SECURITIES AND EXCHANGE COMMISSION, : 
        : 
     Plaintiff,   : 
        : 

v. : No. 1:21-cv-10203-ADB 
:  

MARK J. AHN,       :   
        :     
         
     Defendant.  : 
        : 
________________________________________________: 
 

JUDGMENT AS TO DEFENDANT MARK J. AHN 

The Securities and Exchange Commission having filed a Complaint, and Mark J. Ahn 

(“Defendant”) having entered a general appearance; consented to the Court’s jurisdiction over 

Defendant and the subject matter of this action; consented to entry of this Judgment; waived 

findings of fact and conclusions of law; and waived any right to appeal from this Judgment: 

I. 

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

permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the 

Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5 

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: 

(a) to employ any device, scheme, or artifice to defraud; 

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(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 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)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)], Defendant is prohibited  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 [15 U.S.C. § 781] or that is required to file reports pursuant to Section 15(d) of 

the Exchange Act [15 U.S.C. § 78o(d)]. 

III. 

Upon motion of the Commission, the Court shall determine whether it is appropriate to 

order a civil penalties pursuant to Section 21A of the Exchange Act, [15 U.S.C. § 78u-1] and, if 

so, the amount of the civil penalties.  In connection with the Commission’s motion for civil 

penalties, and at any hearing held on such a motion: (a) Defendant will be precluded from 

arguing that he did not violate the federal securities laws as alleged in the Complaint; (b) 

Defendant may not challenge the validity of the Consent or this Judgment; (c) solely for the 

Case 1:21-cv-10203-ADB   Document 14   Filed 04/28/21   Page 2 of 4



 3 

purposes of such motion, the allegations of the Complaint shall be accepted as and deemed true 

by the Court; and (d) the Court may determine the issues raised in the motion on the basis of 

affidavits, declarations, excerpts of sworn deposition or investigative testimony, and 

documentary evidence, without regard to the standards for summary judgment contained in Rule 

56(c) of the Federal Rules of Civil Procedure.  In connection with the Commission’s motion for 

civil penalties, the parties may take discovery, including discovery from appropriate non-parties. 

IV. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant’s 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. 

V. 

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

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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VI. 

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 Judgment. 

Dated:  _________________________ _________________________________ 
UNITED STATES DISTRICT JUDGE 

April 28, 2021

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ChristinaMcDonagh
ADB Signature