SEC v. Andrew McAlpine, No. 3:20-cv-01864, Southern District of California (June 20, 2025) — Judgment

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ONGKARUCK SRIPETCH; AMANDA
FLORES; BREHNEN KNIGHT;
ANDREW MCALPINE, ASHMIT
PATEL; MICHAEL WEXLER;
DOMINIC WILLIAMS; ADTRON INC.
a/k/a STOCKPALOOZA.COM; ATG
INC.; DOIT, LTD.; DOJI CAPITAL,
INC.; KING MUTUAL SOLUTIONS
INC.; OPTIMUS PRIME FINANCIAL
INC.; ORCA BRIDGE; REDLINE
INTERNATIONAL; and UAIM
CORPORATION,
Defendants.
 Case No.:  20-cv-01864-H-DTF

FINAL JUDGMENT AS TO
DEFENDANT ANDREW MCALPINE

Pursuant  to  the  Court’s April  29,  2024  order  granting  Plaintiff  Securities  and
Exchange Commission (“SEC”)’s motion for the entry of a final consent judgment as to
Defendant  Andrew  McAlpine,  (Doc.    No.  175),  the  Court  enters  the  following  final
judgment against Defendant Andrew McAlpine:

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The Securities and Exchange Commission having filed a Complaint and Defendant
Andrew  McAlpine,  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
McAlpine  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 McAlpine’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  HEREBY  FURTHER  ORDERED,  ADJUDGED,  AND  DECREED  that
Defendant McAlpine 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

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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 McAlpine’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 McAlpine  is  permanently  restrained  and  enjoined  from  violating  Sections
9(a)(1) and (2) of the Exchange Act, 15 U.S.C. § 78i(a)(1) and (2), by:
(a) for the purpose of creating a false or misleading appearance of active trading
in  any  security  other  than  a  government  security,  or  a  false  or  misleading
appearance with respect to the market for any such security, (i) to effect any
transaction  in  such  security    which  involves  no  change  in  the  beneficial
ownership thereof, or (ii) to enter an order or orders for the purchase of such
security with the knowledge that an order or orders of substantially the same
size, at substantially the same time, and at substantially the same price, for the
sale of any such security, has been or will be entered by or for the same or
different parties, or (iii) to enter any order or orders for the sale of any such
security with the knowledge that an order or orders of substantially the same

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size, at substantially the same time, and at substantially the same price, for the
purchase of such security has been or will be entered by or for the same or
different parties; or
(b) directly or indirectly, by the use of the mails or any means or instrumentality
of interstate commerce, or of any facility of any national securities exchange,
effecting, alone or with one or more other persons, a series of transactions in
a security creating actual or apparent active trading in such security, or raising
or  depressing  the  price  of  such  security,  for  the  purpose  of  inducing  the
purchase or sale of such security by others.
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 McAlpine’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 McAlpine  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 McAlpine  is  liable  for  disgorgement  of  $12,317.69,  representing  net  profits
gained  as  a  result  of  the  conduct  alleged  in  the  Complaint,  together  with  prejudgment
interest thereon in the amount of $3,409.07, for a total of $15,726.76.  Defendant McAlpine
must  satisfy  this  obligation  by  paying  $15,726.76  to  the  Securities  and  Exchange
Commission within 30 days after entry of this Final Judgment.

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Defendant McAlpine  may  transmit  payment  electronically  to  the  Commission,
which  will  provide  detailed  ACH  transfer/Fedwire  instructions  upon  request.    Payment
may also be made directly from a bank account via Pay.gov through the SEC website at
http://www.sec.gov/about/offices/ofm.htm.      Defendant   McAlpine   may   also   pay   by
certified check, bank cashier’s check, or United States postal money order payable to the
Securities and Exchange Commission, which must be delivered or mailed to:
Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
and must  be  accompanied  by  a  letter  identifying  the  case  title,  civil  action  number,  and
name of this Court; Andrew McAlpine as a defendant in this action; and specifying that
payment is made pursuant to this Final Judgment.
Defendant McAlpine  must simultaneously  transmit  photocopies  of  evidence  of
payment and case identifying information to the Commission’s counsel in this action.  By
making this payment, Defendant McAlpine relinquishes all legal and equitable right, title,
and interest in such funds and no part of the funds will be returned to Defendant McAlpine.
The Commission will hold the funds (collectively, the “Fund”) until further order of
this  Court.    The  SEC  may  propose  a  plan  to  distribute  the  Fund  subject  to  the  Court’s
approval, and the Court will retain jurisdiction over the administration of any distribution
of the Fund.
The   Commission   may   enforce   the   Court’s   judgment   for   disgorgement   and
prejudgment interest by using all collection procedures authorized by law, including, but
not limited to, moving for civil contempt at any time after 30 days following entry of this
Final Judgment.  Defendant McAlpine  must  pay post judgment interest on any amounts
due after 30 days of entry of this Final Judgment pursuant to 28 U.S.C. § 1961.
VI.

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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 McAlpine must comply with all of the undertakings and agreements set forth
therein.
VII.
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 McAlpine, and further,
any  debt  for  disgorgement,  prejudgment  interest,  civil  penalty  or  other  amounts  due  by
Defendant McAlpine  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 McAlpine 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).
VII.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court will
retain  jurisdiction  of  this  matter  for  the  purposes  of  enforcing  the  terms  of  this  Final
Judgment.
IX.
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 Final Judgment forthwith and without
further notice.
 IT IS SO ORDERED.
DATED: May 1, 2024

       MARILYN L. HUFF, District Judge
       UNITED STATES DISTRICT COURT

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF CALIFORNIA 

 

SECURITIES AND EXCHANGE 
COMMISSION, 

Plaintiff, 

v. 

ONGKARUCK SRIPETCH; AMANDA 
FLORES; BREHNEN KNIGHT; 
ANDREW MCALPINE, ASHMIT 
PATEL; MICHAEL WEXLER; 
DOMINIC WILLIAMS; ADTRON INC. 
a/k/a STOCKPALOOZA.COM; ATG 
INC.; DOIT, LTD.; DOJI CAPITAL, 
INC.; KING MUTUAL SOLUTIONS 
INC.; OPTIMUS PRIME FINANCIAL 
INC.; ORCA BRIDGE; REDLINE 
INTERNATIONAL; and UAIM 
CORPORATION, 

Defendants. 

 Case No.:  20-cv-01864-H-DTF 
 
FINAL JUDGMENT AS TO 
DEFENDANT ANDREW MCALPINE 
 
 

 
Pursuant to the Court’s April 29, 2024 order granting Plaintiff Securities and 

Exchange Commission (“SEC”)’s motion for the entry of a final consent judgment as to 

Defendant Andrew McAlpine, (Doc. No. 175), the Court enters the following final 

judgment against Defendant Andrew McAlpine:  

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The Securities and Exchange Commission having filed a Complaint and Defendant 

Andrew McAlpine, 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 

McAlpine 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 McAlpine’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 HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 

Defendant McAlpine 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 

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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 McAlpine’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 McAlpine is permanently restrained and enjoined from violating Sections 

9(a)(1) and (2) of the Exchange Act, 15 U.S.C. § 78i(a)(1) and (2), by:  

(a) for the purpose of creating a false or misleading appearance of active trading 

in any security other than a government security, or a false or misleading 

appearance with respect to the market for any such security, (i) to effect any 

transaction in such security  which involves no change in the beneficial 

ownership thereof, or (ii) to enter an order or orders for the purchase of such 

security with the knowledge that an order or orders of substantially the same 

size, at substantially the same time, and at substantially the same price, for the 

sale of any such security, has been or will be entered by or for the same or 

different parties, or (iii) to enter any order or orders for the sale of any such 

security with the knowledge that an order or orders of substantially the same 

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size, at substantially the same time, and at substantially the same price, for the 

purchase of such security has been or will be entered by or for the same or 

different parties; or 

(b) directly or indirectly, by the use of the mails or any means or instrumentality 

of interstate commerce, or of any facility of any national securities exchange, 

effecting, alone or with one or more other persons, a series of transactions in 

a security creating actual or apparent active trading in such security, or raising 

or depressing the price of such security, for the purpose of inducing the 

purchase or sale of such security by others. 

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 McAlpine’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 McAlpine 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 McAlpine is liable for disgorgement of $12,317.69, representing net profits 

gained as a result of the conduct alleged in the Complaint, together with prejudgment 

interest thereon in the amount of $3,409.07, for a total of $15,726.76.  Defendant McAlpine 

must satisfy this obligation by paying $15,726.76 to the Securities and Exchange 

Commission within 30 days after entry of this Final Judgment. 

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Defendant McAlpine may transmit payment electronically to the Commission, 

which will provide detailed ACH transfer/Fedwire instructions upon request.  Payment 

may also be made directly from a bank account via Pay.gov through the SEC website at 

http://www.sec.gov/about/offices/ofm.htm.  Defendant McAlpine may also pay by 

certified check, bank cashier’s check, or United States postal money order payable to the 

Securities and Exchange Commission, which must be delivered or mailed to: 

Enterprise Services Center 

Accounts Receivable Branch  

6500 South MacArthur Boulevard 

Oklahoma City, OK 73169 

and must be accompanied by a letter identifying the case title, civil action number, and 

name of this Court; Andrew McAlpine as a defendant in this action; and specifying that 

payment is made pursuant to this Final Judgment. 

Defendant McAlpine must simultaneously transmit photocopies of evidence of 

payment and case identifying information to the Commission’s counsel in this action.  By 

making this payment, Defendant McAlpine relinquishes all legal and equitable right, title, 

and interest in such funds and no part of the funds will be returned to Defendant McAlpine. 

The Commission will hold the funds (collectively, the “Fund”) until further order of 

this Court.  The SEC may propose a plan to distribute the Fund subject to the Court’s 

approval, and the Court will retain jurisdiction over the administration of any distribution 

of the Fund. 

The Commission may enforce the Court’s judgment for disgorgement and 

prejudgment interest by using all collection procedures authorized by law, including, but 

not limited to, moving for civil contempt at any time after 30 days following entry of this 

Final Judgment.  Defendant McAlpine must pay post judgment interest on any amounts 

due after 30 days of entry of this Final Judgment pursuant to 28 U.S.C. § 1961. 

VI. 

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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 McAlpine must comply with all of the undertakings and agreements set forth 

therein. 

VII. 

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 McAlpine, and further, 

any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by 

Defendant McAlpine 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 McAlpine 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). 

VII. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court will 

retain jurisdiction of this matter for the purposes of enforcing the terms of this Final 

Judgment. 

IX. 

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 Final Judgment forthwith and without 

further notice. 

 IT IS SO ORDERED. 

DATED: May 1, 2024 
                                                                             
       MARILYN L. HUFF, District Judge 
       UNITED STATES DISTRICT COURT 

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