SEC v. ONGKARUCK SRIPETCH, No. 3:20-cv-01864, Southern District of California (June 20, 2025) — Judgment
raw: SEC v. ONGKARUCK SRIPETCH; AMANDA
SEC v. ONGKARUCK SRIPETCH; AMANDA, No. 3:20-cv-01864 (June 20, 2025)
The SEC obtained a final judgment against Ongkaruck Sripetch for securities fraud, resulting in a $3.3 million monetary penalty and permanent injunctions.
The court ordered Ongkaruck Sripetch to pay $2,251,923.16 in disgorgement and $1,051,353.77 in prejudgment interest, totaling $3,303,276.93. The judgment addresses violations of the Securities Act and Exchange Act, including schemes to defraud and unregistered offerings. Sripetch is also permanently enjoined from future violations of Sections 10(b) and 17(a) of the Exchange Act and Securities Act.
The Securities and Exchange Commission (SEC) successfully obtained a final judgment against defendant Ongkaruck Sripetch for violations of federal securities laws, including fraud and market manipulation. The court ordered Sripetch to pay a total of $3,303,276.93, which consists of $2,251,923.16 in disgorgement of net profits and $1,051,353.77 in prejudgment interest. To satisfy this obligation, the court ordered several financial institutions, including E*Trade, TD Ameritrade, Citibank, and Bank of the West, to transfer the entire balances of Sripetch’s frozen brokerage and bank accounts to the SEC. Additionally, the judgment imposes a permanent injunction against future violations of the Securities Act and Exchange Act. Sripetch is also permanently barred from participating in any penny stock offerings. The final judgment follows a consent agreement and a court order granting remedies against the defendant.
Extracted insights
- $3.30M $3,303,276 $1M–$10M
- $2.25M $2,251,923 $1M–$10M
- $1.05M $1,051,353 $1M–$10M
- person defendant sripetch
- agency plaintiff sec’s motion for remedies
- agency Securities and Exchange Commission
- Securities And Exchange Commission filed a Complaint
- Court entered a final judgment against Defendant Ongkaruck Sripetch
- Defendant Sripetch is permanently restrained Section 10(b) Of The Securities Exchange Act Of 1934
- Defendant Sripetch is permanently restrained Section 17(a) Of The Securities Act Of 1933
- Court granted Plaintiff SEC’s motion for remedies
- SEC is entitled to a final judgment against Defendant Sripetch
- Defendant Sripetch consented to the Court’s jurisdiction
- Defendant Sripetch entered a general appearance
- Court found the Commission is entitled to a final judgment against Defendant Sripetch
- Defendant’s Officers, Agents, Servants, Employees, And Attorneys receive actual notice of this Final 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-AGS
FINAL JUDGMENT AS TO
DEFENDANT ONGKARUCK
SRIPETCH
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Pursuant to the September 11, 2023 consent judgment between Plaintiff Securities
and Exchange Commission (“SEC”) and Defendant Ongkaruck Sripetch, (Doc. No. 92),
and the Court’s April 8, 2024 order granting in part Plaintiff SEC’s motion for remedies
against Defendant Sripetch, (Doc. No. 165), the Court enters the following final judgment
against Defendant Ongkaruck Sripetch:
The Securities and Exchange Commission having filed a Complaint and Defendant
Ongkaruck Sripetch (“Defendant”) having entered a general appearance; consented to the
Court’s jurisdiction over Defendant Sripetch and the subject matter of this action; the Court
having entered an Order on April 8, 2024 finding that the Commission is entitled to a final
judgment against Defendant Sripetch; and the Court having considered the Commission’s
motion for entry of final judgment and all the pleadings and evidence submitted in support
thereof:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant
Sripetch 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)
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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 HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant Sripetch 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 Sripetch is permanently restrained and enjoined from violating Section 5 of the
Securities Act, 15 U.S.C. § 77e, by, directly or indirectly, in the absence of any applicable
exemption:
(a) Unless a registration statement is in effect as to a security, making use of any
means or instruments of transportation or communication in interstate commerce or of the
mails to sell such security through the use or medium of any prospectus or otherwise;
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(b) Unless a registration statement is in effect as to a security, carrying or causing
to be carried through the mails or in interstate commerce, by any means or instruments of
transportation, any such security for the purpose of sale or for delivery after sale; or
(c) Making use of any means or instruments of transportation or communication
in interstate commerce or of the mails to offer to sell or offer to buy through the use or
medium of any prospectus or otherwise any security, unless a registration statement has
been filed with the Commission as to such security, or while the registration statement is
the subject of a refusal order or stop order or (prior to the effective date of the registration
statement) any public proceeding or examination under Section 8 of the Securities Act, 15
U.S.C. § 77h.
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 Sripetch is permanently restrained and enjoined from violating Section 9(a)(1)
of the Exchange Act, 15 U.S.C. § 78i(a)(1), by, 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, 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, (A) to effect any transaction
in such security which involves no change in the beneficial ownership thereof, or (B) 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 (C) to enter any order or orders for the sale of any such security
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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 purchase of such security, has
been or will be entered by or for the same or different parties.
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).
V.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant Sripetch 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.
VI.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant Sripetch is liable for disgorgement of $2,251,923.16, representing net profits
gained as a result of the conduct alleged in the Complaint, together with prejudgment
interest thereon in the amount of $1,051,353.77, for a total of $3,303,276.93. Defendant
Sripetch will satisfy this obligation by paying $3,303,276.93 to the Securities and
Exchange Commission within 30 days after entry of this Final Judgment. Funds transferred
to the Commission pursuant to Section VII herein will offset Defendant’s $3,303,276.93
obligation.
Defendant Sripetch 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 Sripetch may also pay by certified
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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; Ongkaruck Sripetch as a defendant in this action; and specifying that
payment is made pursuant to this Final Judgment.
Defendant Sripetch 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 Sripetch relinquishes all legal and equitable right, title,
and interest in such funds and no part of the funds will be returned to Defendant.
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 will pay post judgment interest on any amounts due after 30
days of entry of this Final Judgment pursuant to 28 U.S.C. § 1961.
VII.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 3 days
after being served with a copy of this Final Judgment, E*Trade by Morgan Stanley
(“E*Trade”) must transfer the entire balance of the following brokerage accounts which
were frozen pursuant to an Order of this Court to the Commission:
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Account Name Account Number Ending in:
Ongkaruck Sripetch ****0535
Ongkaruck Sripetch ****6070
Ongkaruck Sripetch SEP ****6399
Adtron, Inc., (Ongkaruck Sripetch,
president)
****6567
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 3 days
after being served with a copy of this Final Judgment, TD Ameritrade, N.A. must transfer
the entire balance of the following brokerage account which was frozen pursuant to an
Order of this Court to the Commission:
Account Name Account Number Ending in:
Adtron, Inc. (Ongkaruck Sripetch,
president)
****7567
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 3 days
after being served with a copy of this Final Judgment, Bank of the West n/k/a BMO
Financial Group, must transfer the entire balance of the following bank account which was
frozen pursuant to an Order of this Court to the Commission:
Account Name Account Number Ending in:
Adtron, Inc. (Ongkaruck Sripetch,
president)
054-42-xxxx
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 3 days
after being served with a copy of this Final Judgment, Citibank, N.A. must transfer the
entire balance of the following brokerage account which was frozen pursuant to an Order
of this Court to the Commission:
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Account Name Account Number Ending in:
Ongkaruck Sripetch ****3791
E*Trade, Citibank, N.A., TD Ameritrade, N.A. and Bank of the West 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. E*Trade Securities, LLC, Citibank, N.A., TD
Ameritrade, N.A. and Bank of the West also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.
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 operative complaint are true and admitted by Defendant Sripetch, and
further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts
due by Defendant Sripetch 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 Sripetch 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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IX.
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.
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 Final Judgment forthwith and without
further notice.
IT IS SO ORDERED.
DATED: April 17, 2024
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT1
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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-AGS
FINAL JUDGMENT AS TO
DEFENDANT ONGKARUCK
SRIPETCH
Case 3:20-cv-01864-H-BGS Document 172 Filed 04/17/24 PageID.1702 Page 1 of 9
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Pursuant to the September 11, 2023 consent judgment between Plaintiff Securities
and Exchange Commission (“SEC”) and Defendant Ongkaruck Sripetch, (Doc. No. 92),
and the Court’s April 8, 2024 order granting in part Plaintiff SEC’s motion for remedies
against Defendant Sripetch, (Doc. No. 165), the Court enters the following final judgment
against Defendant Ongkaruck Sripetch:
The Securities and Exchange Commission having filed a Complaint and Defendant
Ongkaruck Sripetch (“Defendant”) having entered a general appearance; consented to the
Court’s jurisdiction over Defendant Sripetch and the subject matter of this action; the Court
having entered an Order on April 8, 2024 finding that the Commission is entitled to a final
judgment against Defendant Sripetch; and the Court having considered the Commission’s
motion for entry of final judgment and all the pleadings and evidence submitted in support
thereof:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant
Sripetch 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)
Case 3:20-cv-01864-H-BGS Document 172 Filed 04/17/24 PageID.1703 Page 2 of 9
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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 HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant Sripetch 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 Sripetch is permanently restrained and enjoined from violating Section 5 of the
Securities Act, 15 U.S.C. § 77e, by, directly or indirectly, in the absence of any applicable
exemption:
(a) Unless a registration statement is in effect as to a security, making use of any
means or instruments of transportation or communication in interstate commerce or of the
mails to sell such security through the use or medium of any prospectus or otherwise;
Case 3:20-cv-01864-H-BGS Document 172 Filed 04/17/24 PageID.1704 Page 3 of 9
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(b) Unless a registration statement is in effect as to a security, carrying or causing
to be carried through the mails or in interstate commerce, by any means or instruments of
transportation, any such security for the purpose of sale or for delivery after sale; or
(c) Making use of any means or instruments of transportation or communication
in interstate commerce or of the mails to offer to sell or offer to buy through the use or
medium of any prospectus or otherwise any security, unless a registration statement has
been filed with the Commission as to such security, or while the registration statement is
the subject of a refusal order or stop order or (prior to the effective date of the registration
statement) any public proceeding or examination under Section 8 of the Securities Act, 15
U.S.C. § 77h.
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 Sripetch is permanently restrained and enjoined from violating Section 9(a)(1)
of the Exchange Act, 15 U.S.C. § 78i(a)(1), by, 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, 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, (A) to effect any transaction
in such security which involves no change in the beneficial ownership thereof, or (B) 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 (C) to enter any order or orders for the sale of any such security
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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 purchase of such security, has
been or will be entered by or for the same or different parties.
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).
V.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant Sripetch 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.
VI.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant Sripetch is liable for disgorgement of $2,251,923.16, representing net profits
gained as a result of the conduct alleged in the Complaint, together with prejudgment
interest thereon in the amount of $1,051,353.77, for a total of $3,303,276.93. Defendant
Sripetch will satisfy this obligation by paying $3,303,276.93 to the Securities and
Exchange Commission within 30 days after entry of this Final Judgment. Funds transferred
to the Commission pursuant to Section VII herein will offset Defendant’s $3,303,276.93
obligation.
Defendant Sripetch 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 Sripetch may also pay by certified
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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; Ongkaruck Sripetch as a defendant in this action; and specifying that
payment is made pursuant to this Final Judgment.
Defendant Sripetch 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 Sripetch relinquishes all legal and equitable right, title,
and interest in such funds and no part of the funds will be returned to Defendant.
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 will pay post judgment interest on any amounts due after 30
days of entry of this Final Judgment pursuant to 28 U.S.C. § 1961.
VII.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 3 days
after being served with a copy of this Final Judgment, E*Trade by Morgan Stanley
(“E*Trade”) must transfer the entire balance of the following brokerage accounts which
were frozen pursuant to an Order of this Court to the Commission:
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Account Name Account Number Ending in:
Ongkaruck Sripetch ****0535
Ongkaruck Sripetch ****6070
Ongkaruck Sripetch SEP ****6399
Adtron, Inc., (Ongkaruck Sripetch,
president)
****6567
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 3 days
after being served with a copy of this Final Judgment, TD Ameritrade, N.A. must transfer
the entire balance of the following brokerage account which was frozen pursuant to an
Order of this Court to the Commission:
Account Name Account Number Ending in:
Adtron, Inc. (Ongkaruck Sripetch,
president)
****7567
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 3 days
after being served with a copy of this Final Judgment, Bank of the West n/k/a BMO
Financial Group, must transfer the entire balance of the following bank account which was
frozen pursuant to an Order of this Court to the Commission:
Account Name Account Number Ending in:
Adtron, Inc. (Ongkaruck Sripetch,
president)
054-42-xxxx
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 3 days
after being served with a copy of this Final Judgment, Citibank, N.A. must transfer the
entire balance of the following brokerage account which was frozen pursuant to an Order
of this Court to the Commission:
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Account Name Account Number Ending in:
Ongkaruck Sripetch ****3791
E*Trade, Citibank, N.A., TD Ameritrade, N.A. and Bank of the West 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. E*Trade Securities, LLC, Citibank, N.A., TD
Ameritrade, N.A. and Bank of the West also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.
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 operative complaint are true and admitted by Defendant Sripetch, and
further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts
due by Defendant Sripetch 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 Sripetch 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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IX.
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.
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 Final Judgment forthwith and without
further notice.
IT IS SO ORDERED.
DATED: April 17, 2024
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT
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