SEC v. POWERTRADERSPRESS.COM, INC.; ELITE STOCK RESEARCH, INC.; ERIK MATZ; RONALD HARDY; ANTHONY VASSALLO; STEPHANIE LEE, et al., No. 2:17-cv-04133, Eastern District of New York (Sept. 21, 2020) — Judgment
raw: SEC v. POWERTRADERSPRESS.COM
SEC v. POWERTRADERSPRESS.COM, No. 2:17-cv-04133 (E.D.N.Y. Sept. 21, 2020)
Emin Cohen entered a final judgment with the SEC, receiving a permanent injunction and penny stock bar for his role in a securities fraud scheme.
The SEC obtained a final judgment against Emin Cohen for violations of the Securities Exchange Act and the Securities Act. Cohen was ordered to pay $136,373.00 in disgorgement plus $34,082.64 in prejudgment interest, totaling $170,455.64. This total amount was satisfied via a separate criminal restitution order.
The Securities and Exchange Commission obtained a final judgment against Emin Cohen in the Eastern District of New York regarding a fraudulent securities scheme. Cohen was permanently enjoined from violating Section 10(b) of the Exchange Act and Section 17(a) of the Securities Act, which prohibit deceptive practices and material omissions. Additionally, the court barred him from engaging in unregistered broker-dealer activities and participating in any penny stock offerings. The judgment required Cohen to pay $136,373.00 in disgorgement and $34,082.64 in prejudgment interest, amounting to a total of $170,455.64. This financial obligation was satisfied through a separate criminal restitution order. No civil penalties were imposed in this proceeding due to Cohen's related criminal conviction.
Extracted insights
- $170K $170,455 $100K–$1M
- $136K $136,373 $100K–$1M
- $34K $34,082 $10K–$100K
- person defendant emin cohen
- person emin cohen
- person general appearance
- agency Securities and Exchange Commission
- agency the securities and exchange commission
- person this final judgment
- The Securities and Exchange Commission filed a Complaint
- Defendant Emin Cohen entered a general appearance
- Defendant Emin Cohen consented to the Court’s jurisdiction over Defendant and the subject matter of this action
- Defendant Emin Cohen consented to entry of this Final Judgment
- Defendant Emin Cohen waived findings of fact and conclusions of law
- Defendant Emin Cohen waived any right to appeal from this Final Judgment
- The Court ordered Defendant is permanently restrained and enjoined from violating
- The Court adjudged and decreed Defendant is permanently restrained and enjoined from violating
- The Court ordered the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise
- The Court adjudged and decreed the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise
- The Court ordered Defendant is permanently restrained and enjoined from violating
- The Court adjudged and decreed Defendant is permanently restrained and enjoined from violating
- Securities and Exchange Commission filed Complaint
- Emin Cohen entered general appearance
- E. Cohen consented to Court's jurisdiction
- E. Cohen consented to entry of Final Judgment
- E. Cohen waived findings of fact and conclusions of law
- E. Cohen waived right to appeal
- E. Cohen restrained from violating Section 10(b) of the Securities Exchange Act of 1934
- E. Cohen restrained from violating Rule 10b-5
- E. Cohen restrained from violating Section 17(a) of the Securities Act of 1933
- Emin Cohen is permanently restrained and enjoined from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 by using means of interstate commerce to defraud, make untrue statements, or engage in fraudulent practices
- Emin Cohen is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 by using interstate commerce or mails to defraud or obtain money by untrue or misleading statements
- Emin Cohen is permanently restrained and enjoined from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 by using any means or instrumentality of interstate commerce to defraud, make untrue statements, or engage in fraudulent practices
- Emin Cohen is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 by using interstate commerce or mails to defraud or obtain money by untrue or misleading statements
- Emin Cohen is permanently restrained and enjoined from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 by using any means or instrumentality of interstate commerce to defraud, make untrue statements, or engage in fraudulent practices
- Emin Cohen is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 in the offer or sale of any security by using interstate commerce or mails to defraud, make untrue statements, or omit material facts
- SEC filed Complaint
- Emin Cohen entered general appearance
- Emin Cohen consented to Court’s jurisdiction
- Emin Cohen consented to entry of Final Judgment
- Emin Cohen waived findings of fact and conclusions of law
- Emin Cohen waived right to appeal
- Court ordered permanent restraint and injunction against violating Section 10(b) of Exchange Act
- Court ordered permanent restraint and injunction against violating Rule 10b-5
- Court ordered permanent restraint and injunction against violating Section 17(a) of Securities Act
- Defendant is restrained and enjoined from violating Section 10(b) of Exchange Act
- Defendant is restrained and enjoined from violating Rule 10b-5
- Defendant is restrained and enjoined from violating Section 17(a) of Securities Act
- Court ordered binding effect on officers, agents, servants, employees, and attorneys of Defendant
- Court ordered binding effect on persons in active concert or participation with Defendant
- Securities and Exchange Commission filed Complaint
- Emin Cohen entered general appearance
- Emin Cohen consented to Court’s jurisdiction over Defendant and the subject matter of this action
- Emin Cohen consented to entry of this Final Judgment
- Emin Cohen waived findings of fact and conclusions of law
- Emin Cohen waived any right to appeal from this Final Judgment
- Emin Cohen is restrained from violating Section 10(b) of the Securities Exchange Act of 1934
- Emin Cohen is enjoined from violating Section 10(b) of the Securities Exchange Act of 1934
- Emin Cohen is restrained from violating Section 17(a) of the Securities Act of 1933
- Emin Cohen is enjoined from violating Section 17(a) of the Securities Act of 1933
- Securities and Exchange Commission filed Complaint
- Emin Cohen entered general appearance
- Emin Cohen consented to Court's jurisdiction
- Emin Cohen consented to entry of this Final Judgment
- Emin Cohen waived findings of fact and conclusions of law
- Emin Cohen waived right to appeal
- Defendant is permanently restrained and enjoined from violating Section 10(b) of the Securities Exchange Act of 1934
- Defendant is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
- Securities and Exchange Commission filed Complaint
- Emin Cohen entered general appearance
- Emin Cohen consented to Court's jurisdiction
- Emin Cohen consented to entry of this Final Judgment
- Emin Cohen waived findings of fact and conclusions of law
- Emin Cohen waived right to appeal
- Defendant is permanently restrained and enjoined from violating Section 10(b) of the Securities Exchange Act of 1934
- Defendant is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
POWERTRADERSPRESS.COM, INC., ELITE
STOCK RESEARCH, INC., ERIK MATZ,
RONALD HARDY, ANTHONY VASSALLO,
STEPHANIE LEE, JEFFREY CHARTIER,
LAWRENCE D. ISEN, ROBERT GLECKMAN,
MICHAEL WATTS, BRIAN HEEPKE,
DENNIS J. VERDEROSA, EMIN COHEN,
SERGIO RAMIREZ, ASHLEY ANTOS,
Defendants,
and
HERMANN MATZ, JOSEPH MATZ,
BRITTNEY BALLESTAS, MELISSA
KURTZKE, JANINE ACOSTA, TYPE A
PARTNERS, INC., STRATEGIC CAPITAL
MARKETS, INC., MARKETBYTE LLC, SNAP
OR TAP PRODUCTIONS, LLC, DACONA
FINANCIAL LLC,
TRADEMASTERSPRO.COM, INC.,
MYSTREETRESEARCH.COM, INC.,
REVOLVING VENTURES LLC,
TRADEMASTERS CONSULTING, INC., BIG
LITTLE CONSULTING, INC., BCBALL, INC.,
GABRON TRANSPORT CORP., PTP
CONSTRUCTION CORP., TERRYVILLE
SYSTEMS, INC., MKKMMKKM, INC., TREK
PARTNERS LLC, RKRG, INC., PRICE POINT
CONSULTING, INC., DJV ENTERPRISES,
INC., LEECORP, INC., SOCCERSERGE, INC.,
ANTOS, INC.,
Relief Defendants.
CASE No. 2:17-cv-04133-JS-SIL
2
FINAL JUDGMENT AS TO DEFENDANT EMIN COHEN
The Securities and Exchange Commission (“SEC” or “Commission”) having filed a
Complaint and Defendant Emin Cohen (“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 Final Judgment; waived findings of fact and conclusions of law; and
waived any right to appeal from this Final 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 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5
promulgated 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;
(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 Final Judgment by personal service or otherwise: (a) Defendant’s
3
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 HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
(the “Securities Act”) [15 U.S.C. § 77q(a)] 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:
(a) to employ any device, scheme, or artifice to defraud;
(b) to obtain money or property by means of any untrue statement of a material fact
or any omission of a material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not misleading;
or
(c) 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).
III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating, directly or indirectly, Section 15(a) of the
4
Exchange Act [15 U.S.C. § 78o(a)] by using any means or instrumentality of interstate
commerce or of the mails and engaging in the business of effecting transactions in securities for
the accounts of others, or inducing or effecting the purchase or sale of securities, while not
registered with the Commission in accordance with Section 15(b) of the Exchange Act [15
U.S.C. § 78o(b)] or while not associated with a broker-dealer that was so registered.
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).
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently barred from participating in an offering of penny stock, including engaging in
activities with a broker, dealer, or issuer for purposes of issuing, trading, or inducing or
attempting to induce the purchase or sale of any penny stock. A penny stock is any equity
security that has a price of less than five dollars, except as provided in Rule 3a51-1 under the
Exchange Act [17 C.F.R. 240.3a51-1].
V.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is liable for disgorgement of $136,373.00, representing profits gained as a result of the conduct
alleged in the Complaint, together with prejudgment interest thereon in the amount of $34,082.64
for a total of $170,455.64. Defendant’s $170,455.64 payment obligation shall be deemed
■
5
satisfied by the Order of Restitution and/or Forfeiture entered against Defendant in United States
v. Jeffrey Chartier, et al., Crim. No. 17-00372 (E.D.N.Y) (“United States v. Chartier”).
VI.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that no civil penalty shall
be imposed upon Defendant in this civil action, based upon Defendant’s agreement to plead
guilty and his criminal conviction in United States v. Chartier.
VII.
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.
VIII.
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).
IX.
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.
6
X.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure, the Clerk is ordered to enter this Judgment forthwith and without further notice.
Dated: September 17,_2020_
Central Islip, New York
Joanna Seybert, U.S.D.J.
/s/ JOANNA SEYBERT
SO ORDERED.UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
POWERTRADERSPRESS.COM, INC., ELITE
STOCK RESEARCH, INC., ERIK MATZ,
RONALD HARDY, ANTHONY VASSALLO,
STEPHANIE LEE, JEFFREY CHARTIER,
LAWRENCE D. ISEN, ROBERT GLECKMAN,
MICHAEL WATTS, BRIAN HEEPKE,
DENNIS J. VERDEROSA, EMIN COHEN,
SERGIO RAMIREZ, ASHLEY ANTOS,
Defendants,
and
HERMANN MATZ, JOSEPH MATZ,
BRITTNEY BALLESTAS, MELISSA
KURTZKE, JANINE ACOSTA, TYPE A
PARTNERS, INC., STRATEGIC CAPITAL
MARKETS, INC., MARKETBYTE LLC, SNAP
OR TAP PRODUCTIONS, LLC, DACONA
FINANCIAL LLC,
TRADEMASTERSPRO.COM, INC.,
MYSTREETRESEARCH.COM, INC.,
REVOLVING VENTURES LLC,
TRADEMASTERS CONSULTING, INC., BIG
LITTLE CONSULTING, INC., BCBALL, INC.,
GABRON TRANSPORT CORP., PTP
CONSTRUCTION CORP., TERRYVILLE
SYSTEMS, INC., MKKMMKKM, INC., TREK
PARTNERS LLC, RKRG, INC., PRICE POINT
CONSULTING, INC., DJV ENTERPRISES,
INC., LEECORP, INC., SOCCERSERGE, INC.,
ANTOS, INC.,
Relief Defendants.
CASE No. 2:17-cv-04133-JS-SIL
Case 2:17-cv-04133-JS-SIL Document 96 Filed 09/17/20 Page 1 of 6 PageID #: 669
2
FINAL JUDGMENT AS TO DEFENDANT EMIN COHEN
The Securities and Exchange Commission (“SEC” or “Commission”) having filed a
Complaint and Defendant Emin Cohen (“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 Final Judgment; waived findings of fact and conclusions of law; and
waived any right to appeal from this Final 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 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5
promulgated 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;
(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 Final Judgment by personal service or otherwise: (a) Defendant’s
Case 2:17-cv-04133-JS-SIL Document 96 Filed 09/17/20 Page 2 of 6 PageID #: 670
3
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 HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
(the “Securities Act”) [15 U.S.C. § 77q(a)] 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:
(a) to employ any device, scheme, or artifice to defraud;
(b) to obtain money or property by means of any untrue statement of a material fact
or any omission of a material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not misleading;
or
(c) 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).
III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating, directly or indirectly, Section 15(a) of the
Case 2:17-cv-04133-JS-SIL Document 96 Filed 09/17/20 Page 3 of 6 PageID #: 671
4
Exchange Act [15 U.S.C. § 78o(a)] by using any means or instrumentality of interstate
commerce or of the mails and engaging in the business of effecting transactions in securities for
the accounts of others, or inducing or effecting the purchase or sale of securities, while not
registered with the Commission in accordance with Section 15(b) of the Exchange Act [15
U.S.C. § 78o(b)] or while not associated with a broker-dealer that was so registered.
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).
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently barred from participating in an offering of penny stock, including engaging in
activities with a broker, dealer, or issuer for purposes of issuing, trading, or inducing or
attempting to induce the purchase or sale of any penny stock. A penny stock is any equity
security that has a price of less than five dollars, except as provided in Rule 3a51-1 under the
Exchange Act [17 C.F.R. 240.3a51-1].
V.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is liable for disgorgement of $136,373.00, representing profits gained as a result of the conduct
alleged in the Complaint, together with prejudgment interest thereon in the amount of $34,082.64
for a total of $170,455.64. Defendant’s $170,455.64 payment obligation shall be deemed
■
Case 2:17-cv-04133-JS-SIL Document 96 Filed 09/17/20 Page 4 of 6 PageID #: 672
5
satisfied by the Order of Restitution and/or Forfeiture entered against Defendant in United States
v. Jeffrey Chartier, et al., Crim. No. 17-00372 (E.D.N.Y) (“United States v. Chartier”).
VI.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that no civil penalty shall
be imposed upon Defendant in this civil action, based upon Defendant’s agreement to plead
guilty and his criminal conviction in United States v. Chartier.
VII.
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.
VIII.
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).
IX.
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.
Case 2:17-cv-04133-JS-SIL Document 96 Filed 09/17/20 Page 5 of 6 PageID #: 673
6
X.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure, the Clerk is ordered to enter this Judgment forthwith and without further notice.
Dated: September 17,_2020_
Central Islip, New York
Joanna Seybert, U.S.D.J.
/s/ JOANNA SEYBERT
SO ORDERED.
Case 2:17-cv-04133-JS-SIL Document 96 Filed 09/17/20 Page 6 of 6 PageID #: 674