2025-07-15 sec-litreleases pdf 354 KB 6,511 chars

SEC v. GORDON J. COBURN; and STEVEN E. SCHWARTZ, No. 2:19-cv-05820-MCA, District of New Jersey (July 15, 2025)

raw: SEC v. GORDON J. COBURN and

SEC v. GORDON J. COBURN and, No. 2:19-cv-05820-MCA (July 15, 2025)

Caption
Securities and Exchange Commission v. Gordon J. Coburn and Steven E. Schwartz
summary

The SEC and defendants Gordon J. Coburn and Steven E. Schwartz have agreed to dismiss their 2019 civil enforcement action with prejudice.

paragraph

The Securities and Exchange Commission filed a civil enforcement action against Gordon J. Coburn and Steven E. Schwartz in February 2019. The parties have entered into a joint stipulation to dismiss the litigation with prejudice and without costs or fees to either party. As part of the agreement, the defendants waived all rights to seek reimbursement for legal fees and released the Commission from any related claims.

narrative

The Securities and Exchange Commission filed a civil enforcement action against Gordon J. Coburn and Steven E. Schwartz in the U.S. District Court for the District of New Jersey on February 15, 2019. Through a joint stipulation, the parties have agreed to dismiss the litigation with prejudice regarding the conduct alleged in the original complaint. The dismissal is effective through the date of the stipulation's filing, with no costs or fees awarded to either party. As part of the resolution, the defendants waived their rights to seek reimbursement for attorney's fees or expenses under various federal acts. Additionally, the defendants released the Commission and its officers from any and all claims arising from the litigation or related investigative steps. While the specific nature of the alleged misconduct and associated dollar amounts are not detailed in this dismissal document, the agreement concludes the legal proceedings between the parties.

Enriched metadata

Scheme
unclassified
Court
District of New Jersey
Case No.
2:19-cv-05820-MCA
Classified unclassified. No EDGAR filing fingerprint (criminal/DOJ-side scheme). detection rule →
Parties
Securities and Exchange CommissionGORDON J. COBURNSTEVEN E. SCHWARTZ
Keywords
litigationcommissiongordon coburnrelate litigationlitigation includingincluding limitedlimited investigativeinvestigative stepssteps takentaken priorprior commencingcommencing litigationgateway centerstipulationsecurities exchange

Extracted insights

Entities 8
  • person defendant gordon coburn
  • person defendant steven schwartz
  • person henry klehm iii
  • person james h. keale
  • person john j. bowers
  • person lawrence s. lustberg
  • agency plaintiff securities and exchange commission
  • agency Securities and Exchange Commission
Triples 11
  • Securities And Exchange Commission filed its complaint in this civil enforcement action on February 15, 2019
  • Securities And Exchange Commission believes the dismissal of this case is appropriate
  • Securities And Exchange Commission’s decision to seek dismissal of this litigation does not reflect the Commission’s position on any other case
  • Securities And Exchange Commission And Gordon J. Coburn And Steven E. Schwartz agree to have this litigation dismissed
  • Securities And Exchange Commission And Defendants stipulate that this litigation be dismissed with prejudice
  • Defendants waive and release any and all rights under the Equal Access To Justice Act and the Small Business Regulatory Enforcement Fairness Act of 1996
  • Defendants waive and release any and all claims, demands, rights, and causes of action against the Commission and its present and former officers or employees
  • John J. Bowers is counsel for Plaintiff Securities And Exchange Commission
  • Lawrence S. Lustberg is counsel for Defendant Steven Schwartz
  • James H. Keale is counsel for Defendant Gordon Coburn
  • Henry Klehm III is counsel for Defendant Gordon Coburn
Text layers
Extracted body text (6,511c)
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW JERSEY

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
GORDON J. COBURN and
STEVEN E. SCHWARTZ,
Defendants.

JOINT STIPULATION TO DISMISS, AND RELEASES

Plaintiff Securities and Exchange Commission (the “Commission”) and Defendants Gordon J. Coburn and Steven E. Schwartz (collectively, the “Defendants”) respectfully submit this joint stipulation.

WHEREAS, the Commission filed its complaint in this civil enforcement action (the “Litigation”) on February 15, 2019.

WHEREAS, in the exercise of its discretion and as a policy matter, the Commission believes the dismissal of this case is appropriate.

WHEREAS, the Commission’s decision to seek dismissal of this Litigation does not necessarily reflect the Commission’s position on any other case.

WHEREAS, by this stipulation, the Commission and the Defendants agree to have this Litigation dismissed.

NOW, THEREFORE,

1. Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), the Commission and the Defendants stipulate that this Litigation be dismissed with prejudice as to the conduct alleged in the

---

Complaint through the date of the filing of this Stipulation, and without costs or fees to either party.

2. Defendants, for themselves and any of their agents, attorneys, employees, or representatives, hereby waive and release:

a. Any and all rights under the Equal Access to Justice Act, the Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to seek from the United States, or any agency, or any official of the United States acting in his or her official capacity, directly or indirectly, reimbursement of attorney's fees or other fees, expenses, or costs expended by Defendant[s] that in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

b. Any and all claims, demands, rights, and causes of action of every kind and nature, asserted or unasserted, against the Commission and its present and former officers or employees that arise from or in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

3. Each of the undersigned represents that they have the authority to execute this stipulation on behalf of the party so indicated.

STIPULATED AND AGREED:

John J. Bowers
COUNSEL FOR PLAINTIFF
SECURITIES AND EXCHANGE
COMMISSION
Dated: _____________, 2025

Lawrence S. Lustberg
Gibbons P.C. One Gateway Center
Newark, NJ 07102 (973) 596-4731
Counsel for Defendant Steven
Schwartz
Dated: May 9, 2025

James H. Keale
Tanenbaum Keale LLP
Three Gateway Center, Suite 1301
100 Mulberry Street
Newark, New Jersey 07102
Tel: (973) 242-0002

Henry Klehm III
James P. Loonam
Jones Day
250 Vesey Street
New York, NY 10281-1047
Tel: (212) 326-3939
Counsel for Defendant Gordon
Coburn
Dated: _____________, 2025

---

Complaint through the date of the filing of this Stipulation, and without costs or fees to either party.

2. Defendants, for themselves and any of their agents, attorneys, employees, or representatives, hereby waive and release:

a. Any and all rights under the Equal Access to Justice Act, the Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to seek from the United States, or any agency, or any official of the United States acting in his or her official capacity, directly or indirectly, reimbursement of attorney's fees or other fees, expenses, or costs expended by Defendant[s] that in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

b. Any and all claims, demands, rights, and causes of action of every kind and nature, asserted or unasserted, against the Commission and its present and former officers or employees that arise from or in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

3. Each of the undersigned represents that they have the authority to execute this stipulation on behalf of the party so indicated.

STIPULATED AND AGREED:

John J. Bowers
COUNSEL FOR PLAINTIFF
SECURITIES AND EXCHANGE
COMMISSION
Dated: ____________, 2025

Lawrence S. Lustberg
Gibbons P.C. One Gateway Center
Newark, NJ 07102 (973) 596-4731
Counsel for Defendant Steven
Schwartz
Dated: ____________, 2025

James H. Keale
Tanenbaum Keale LLP
Three Gateway Center, Suite 1301
100 Mulberry Street
Newark, New Jersey 07102
Tel: (973) 242-0002

Henry Klehm III
James P. Loonam
Jones Day
250 Vesey Street
New York, NY 10281-1047
Tel: (212) 326-3939
Counsel for Defendant Gordon
Coburn
Dated: ____________, 2025

---

Complaint through the date of the filing of this Stipulation, and without costs or fees to either party.

2. Defendants, for themselves and any of their agents, attorneys, employees, or representatives, hereby waive and release:

a. Any and all rights under the Equal Access to Justice Act, the Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to seek from the United States, or any agency, or any official of the United States acting in his or her official capacity, directly or indirectly, reimbursement of attorney’s fees or other fees, expenses, or costs expended by Defendant[s] that in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

b. Any and all claims, demands, rights, and causes of action of every kind and nature, asserted or unasserted, against the Commission and its present and former officers or employees that arise from or in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

3. Each of the undersigned represents that they have the authority to execute this stipulation on behalf of the party so indicated.

STIPULATED AND AGREED:

/s/John J. Bowers
John J. Bowers
COUNSEL FOR PLAINTIFF
SECURITIES AND EXCHANGE
COMMISSION
Dated: _____________, 2025

Lawrence S. Lustberg
Gibbons P.C. One Gateway Center
Newark, NJ 07102 (973) 596-4731
Counsel for Defendant Steven
Schwartz
Dated: May 9, 2025

James H. Keale
Tanenbaum Keale LLP
Three Gateway Center, Suite 1301
100 Mulberry Street
Newark, New Jersey 07102
Tel: (973) 242-0002

Henry Klehm III
James P. Loonam
Jones Day
250 Vesey Street
New York, NY 10281-1047
Tel: (212) 326-3939
Counsel for Defendant Gordon
Coburn
Dated: _____________, 2025
OCR text (6,511c · tika+glm · 85% conf)
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW JERSEY

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
GORDON J. COBURN and
STEVEN E. SCHWARTZ,
Defendants.

JOINT STIPULATION TO DISMISS, AND RELEASES

Plaintiff Securities and Exchange Commission (the “Commission”) and Defendants Gordon J. Coburn and Steven E. Schwartz (collectively, the “Defendants”) respectfully submit this joint stipulation.

WHEREAS, the Commission filed its complaint in this civil enforcement action (the “Litigation”) on February 15, 2019.

WHEREAS, in the exercise of its discretion and as a policy matter, the Commission believes the dismissal of this case is appropriate.

WHEREAS, the Commission’s decision to seek dismissal of this Litigation does not necessarily reflect the Commission’s position on any other case.

WHEREAS, by this stipulation, the Commission and the Defendants agree to have this Litigation dismissed.

NOW, THEREFORE,

1. Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), the Commission and the Defendants stipulate that this Litigation be dismissed with prejudice as to the conduct alleged in the

---

Complaint through the date of the filing of this Stipulation, and without costs or fees to either party.

2. Defendants, for themselves and any of their agents, attorneys, employees, or representatives, hereby waive and release:

a. Any and all rights under the Equal Access to Justice Act, the Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to seek from the United States, or any agency, or any official of the United States acting in his or her official capacity, directly or indirectly, reimbursement of attorney's fees or other fees, expenses, or costs expended by Defendant[s] that in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

b. Any and all claims, demands, rights, and causes of action of every kind and nature, asserted or unasserted, against the Commission and its present and former officers or employees that arise from or in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

3. Each of the undersigned represents that they have the authority to execute this stipulation on behalf of the party so indicated.

STIPULATED AND AGREED:

John J. Bowers
COUNSEL FOR PLAINTIFF
SECURITIES AND EXCHANGE
COMMISSION
Dated: _____________, 2025

Lawrence S. Lustberg
Gibbons P.C. One Gateway Center
Newark, NJ 07102 (973) 596-4731
Counsel for Defendant Steven
Schwartz
Dated: May 9, 2025

James H. Keale
Tanenbaum Keale LLP
Three Gateway Center, Suite 1301
100 Mulberry Street
Newark, New Jersey 07102
Tel: (973) 242-0002

Henry Klehm III
James P. Loonam
Jones Day
250 Vesey Street
New York, NY 10281-1047
Tel: (212) 326-3939
Counsel for Defendant Gordon
Coburn
Dated: _____________, 2025

---

Complaint through the date of the filing of this Stipulation, and without costs or fees to either party.

2. Defendants, for themselves and any of their agents, attorneys, employees, or representatives, hereby waive and release:

a. Any and all rights under the Equal Access to Justice Act, the Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to seek from the United States, or any agency, or any official of the United States acting in his or her official capacity, directly or indirectly, reimbursement of attorney's fees or other fees, expenses, or costs expended by Defendant[s] that in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

b. Any and all claims, demands, rights, and causes of action of every kind and nature, asserted or unasserted, against the Commission and its present and former officers or employees that arise from or in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

3. Each of the undersigned represents that they have the authority to execute this stipulation on behalf of the party so indicated.

STIPULATED AND AGREED:

John J. Bowers
COUNSEL FOR PLAINTIFF
SECURITIES AND EXCHANGE
COMMISSION
Dated: ____________, 2025

Lawrence S. Lustberg
Gibbons P.C. One Gateway Center
Newark, NJ 07102 (973) 596-4731
Counsel for Defendant Steven
Schwartz
Dated: ____________, 2025

James H. Keale
Tanenbaum Keale LLP
Three Gateway Center, Suite 1301
100 Mulberry Street
Newark, New Jersey 07102
Tel: (973) 242-0002

Henry Klehm III
James P. Loonam
Jones Day
250 Vesey Street
New York, NY 10281-1047
Tel: (212) 326-3939
Counsel for Defendant Gordon
Coburn
Dated: ____________, 2025

---

Complaint through the date of the filing of this Stipulation, and without costs or fees to either party.

2. Defendants, for themselves and any of their agents, attorneys, employees, or representatives, hereby waive and release:

a. Any and all rights under the Equal Access to Justice Act, the Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to seek from the United States, or any agency, or any official of the United States acting in his or her official capacity, directly or indirectly, reimbursement of attorney’s fees or other fees, expenses, or costs expended by Defendant[s] that in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

b. Any and all claims, demands, rights, and causes of action of every kind and nature, asserted or unasserted, against the Commission and its present and former officers or employees that arise from or in any way relate to the Litigation, including but not limited to investigative steps taken prior to commencing the Litigation.

3. Each of the undersigned represents that they have the authority to execute this stipulation on behalf of the party so indicated.

STIPULATED AND AGREED:

/s/John J. Bowers
John J. Bowers
COUNSEL FOR PLAINTIFF
SECURITIES AND EXCHANGE
COMMISSION
Dated: _____________, 2025

Lawrence S. Lustberg
Gibbons P.C. One Gateway Center
Newark, NJ 07102 (973) 596-4731
Counsel for Defendant Steven
Schwartz
Dated: May 9, 2025

James H. Keale
Tanenbaum Keale LLP
Three Gateway Center, Suite 1301
100 Mulberry Street
Newark, New Jersey 07102
Tel: (973) 242-0002

Henry Klehm III
James P. Loonam
Jones Day
250 Vesey Street
New York, NY 10281-1047
Tel: (212) 326-3939
Counsel for Defendant Gordon
Coburn
Dated: _____________, 2025