SEC v. James R. Harrold; Franklin Management and Consulting, LLC; Accipter, LLC; Franklin Asset Management and Consulting, LLC; Franklin Management and Consulting, Inc.; and Concord Development Group, LLC, No. 1:01-cv-01318, Southern District of Indiana (Sept. 23, 2025) — Judgment
raw: HEREAS, on September 14, 2001, the Court entered permanent injunctive relief as to
HEREAS, on September 14, 2001, the Court entered permanent injunctive relief as to, No. 1:01-cv-01318 (Sept. 23, 2025)
James R. Harrold and several affiliated entities were held liable in a final judgment for $3,780,392.60 in disgorgement and interest following an SEC enforcement action.
The court entered a final judgment against James R. Harrold and various entities, including Franklin Management and Consulting, LLC, for a total liability of $3,780,392.60. This amount consists of $3,635,126.52 in disgorgement and $145,266.08 in prejudgment interest. After crediting $3,534,749.44 previously collected by a Receiver and the Department of Justice, a remaining liability of $245,643.16 persists.
The U.S. Securities and Exchange Commission obtained a final judgment against James R. Harrold and several affiliated entities, including Franklin Management and Consulting, LLC, and Accipter, LLC. The defendants were held jointly and severally liable for $3,635,126.52 in disgorgement plus $145,266.08 in prejudgment interest, totaling $3,780,392.60. A total of $3,534,749.44 had already been collected by a court-appointed Receiver and the Department of Justice through parallel criminal proceedings. This credit leaves a remaining net liability of $245,643.16 to be paid. While the SEC voluntarily dismissed its claims for civil monetary penalties, the court retained jurisdiction to enforce the remaining balance. Post-judgment interest will apply to any amounts due after 30 days.
Extracted insights
- $3.78M $3,780,392 $1M–$10M
- $3.64M $3,635,126 $1M–$10M
- $3.53M $3,534,749 $1M–$10M
- $246K $245,643 $100K–$1M
- $145K $145,266 $100K–$1M
- agency Department of Justice
- person permanent injunctive relief
- person post judgment interest
- agency Securities and Exchange Commission
- SEC Filed Motion For Entry Of Final Judgment
- Court Entered Permanent Injunctive Relief
- Court Appointed Receiver
- Defendants Are Liable For $3,780,392.60 Total Liability
- SEC Forgoes Claims For Civil Monetary Penalty
- Receiver Collected $3,534,749.44 From Defendants
- DOJ Collected Amounts From Defendants
- Defendants Shall Pay Post Judgment Interest
U NITED STATES SECURITIES AND ) EXCHANGE COMMISSION, ) ) Plaintiff, ) ) v. ) Case No. 1:01-CV-01318 ) JAMES R. HARROLD, FRANKLIN ) MANAGEMENT AND CONSULTING, LLC, ) ACCIPTER, LLC, FRANKLIN ASSET ) MANAGEMENT AND CONSULTING, LLC, ) FRANKLIN MANAGEMENT AND ) CONSULTING, INC., and CONCORD ) DEVELOPMENT GROUP, LLC ) ) Defendants. ) FINAL JUDGMENT W HEREAS, on September 14, 2001, the Court entered permanent injunctive relief as to Defendants James R. Harrold, Franklin Management and Consulting, LLC, Accipter, LLC, Franklin Asset Management and Consulting, LLC, Franklin Management and Consulting, Inc., and Concord Development Group, LLC (collectively, “Defendants”); WHEREAS, the Court has appointed a Receiver in this matter who has collected and distributed Defendants’ assets pursuant to this Court’s orders; WHEREAS, the Court has considered the Motion for Entry of Final Judgment (Dkt. #39) filed by Plaintiff United States Securities and Exchange Commission (the “SEC”); WHEREAS, neither the Court-appointed Receiver, nor Defendants oppose the relief sought in the SEC’s Motion; THE COURT HEREBY ORDERS as follows: 1.Plaintiff SEC’s Motion for Entry of Final Judgment is hereby GRANTED; UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION 316 2.Defendants are liable, on a joint and several basis, for disgorgement of $3,635,126.52, representing net profits gained as a result of the conduct alleged in the SEC’s Complaint (Dkt. #1), together with prejudgment interest thereon of $145,266.08, for a total liability of $3,780,392.60; 3.Amounts previously collected from the Defendants by the Court-appointed Receiver in this matter and the Department of Justice in the parallel criminal proceeding U.S. v. James R. Harrold, 04-cr-0185 (S.D. Ind.) – in the total amount of $3,534,749.44 – are hereby credited against Defendants’ disgorgement liability, leaving a liability of $245,643.16 in net disgorgement and prejudgment interest owed under this Final Judgment; 4.Any further amounts collected by the Receiver in this matter – and/or the Department of Justice in the parallel criminal proceeding – shall be credited against Defendants’ remaining disgorgement and prejudgment interest liability in this matter until the total liability is paid. 5.Defendants shall pay post judgment interest on any amounts due after 30 days of entry of this Final Judgment pursuant to 28 U.S.C. § 1961. 6.As the SEC has decided voluntarily to forgo its claims for entry of a civil monetary penalty, Plaintiff’s claim for relief in the form of a civil monetary penalty is hereby dismissed. 317 7.IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purpose of enforcing the terms of this Final Judgment. L.R. 5-5(d) Statement: By filing this proposed order via the Court’s ECF system, service will be made electronically on all counsel of record via email generated by the Court’s ECF system. Service will be made on Pro Se Defendant James Harrold via email and via First-class U.S. Mail as follows: James Harrold, 1785 North River Road, Mount Crawford, VA 22841 [email protected] Date: 9/11/2025 ________________________ Hon. Tanya Walton Pratt, Judge United States District Court Southern District of Indiana 318
UNITED STATES SECURITIES AND ) EXCHANGE COMMISSION, ) ) Plaintiff, ) ) v. ) Case No. 1:01-CV-01318 ) JAMES R. HARROLD, FRANKLIN ) MANAGEMENT AND CONSULTING, LLC, ) ACCIPTER, LLC, FRANKLIN ASSET ) MANAGEMENT AND CONSULTING, LLC, ) FRANKLIN MANAGEMENT AND ) CONSULTING, INC., and CONCORD ) DEVELOPMENT GROUP, LLC ) ) Defendants. ) FINAL JUDGMENT WHEREAS, on September 14, 2001, the Court entered permanent injunctive relief as to Defendants James R. Harrold, Franklin Management and Consulting, LLC, Accipter, LLC, Franklin Asset Management and Consulting, LLC, Franklin Management and Consulting, Inc., and Concord Development Group, LLC (collectively, “Defendants”); WHEREAS, the Court has appointed a Receiver in this matter who has collected and distributed Defendants’ assets pursuant to this Court’s orders; WHEREAS, the Court has considered the Motion for Entry of Final Judgment (Dkt. #39) filed by Plaintiff United States Securities and Exchange Commission (the “SEC”); WHEREAS, neither the Court-appointed Receiver, nor Defendants oppose the relief sought in the SEC’s Motion; THE COURT HEREBY ORDERS as follows: 1. Plaintiff SEC’s Motion for Entry of Final Judgment is hereby GRANTED; UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION Case 1:01-cv-01318-TWP-TAB Document 43 Filed 09/11/25 Page 1 of 3 PageID #: 316 -2- 2. Defendants are liable, on a joint and several basis, for disgorgement of $3,635,126.52, representing net profits gained as a result of the conduct alleged in the SEC’s Complaint (Dkt. #1), together with prejudgment interest thereon of $145,266.08, for a total liability of $3,780,392.60; 3. Amounts previously collected from the Defendants by the Court-appointed Receiver in this matter and the Department of Justice in the parallel criminal proceeding U.S. v. James R. Harrold, 04-cr-0185 (S.D. Ind.) – in the total amount of $3,534,749.44 – are hereby credited against Defendants’ disgorgement liability, leaving a liability of $245,643.16 in net disgorgement and prejudgment interest owed under this Final Judgment; 4. Any further amounts collected by the Receiver in this matter – and/or the Department of Justice in the parallel criminal proceeding – shall be credited against Defendants’ remaining disgorgement and prejudgment interest liability in this matter until the total liability is paid. 5. Defendants shall pay post judgment interest on any amounts due after 30 days of entry of this Final Judgment pursuant to 28 U.S.C. § 1961. 6. As the SEC has decided voluntarily to forgo its claims for entry of a civil monetary penalty, Plaintiff’s claim for relief in the form of a civil monetary penalty is hereby dismissed. Case 1:01-cv-01318-TWP-TAB Document 43 Filed 09/11/25 Page 2 of 3 PageID #: 317 -3- 7. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purpose of enforcing the terms of this Final Judgment. L.R. 5-5(d) Statement: By filing this proposed order via the Court’s ECF system, service will be made electronically on all counsel of record via email generated by the Court’s ECF system. Service will be made on Pro Se Defendant James Harrold via email and via First-class U.S. Mail as follows: James Harrold, 1785 North River Road, Mount Crawford, VA 22841 [email protected] Date: 9/11/2025 ________________________ Hon. Tanya Walton Pratt, Judge United States District Court Southern District of Indiana Case 1:01-cv-01318-TWP-TAB Document 43 Filed 09/11/25 Page 3 of 3 PageID #: 318 mailto:[email protected]