SEC v. CHRISTOPHER STEVEN KIRCHNER, No. 4:23-cv-00147, Northern District of Texas (Jan. 7, 2025) — Judgment
raw: SEC v. No. 4:23-cv-0147-P
SEC v. No. 4:23-cv-0147-P, No. 4:23-cv-00147 (Jan. 7, 2025)
Christopher Steven Kirchner was hit with a final judgment by the SEC for securities fraud, resulting in a permanent injunction and a multi-million dollar disgorgement obligation.
The SEC obtained a final judgment against Christopher Steven Kirchner for violating Sections 10(b) of the Exchange Act and 17(a) of the Securities Act. Kirchner is liable for $28,074,080 in disgorgement plus $6,770,535.02 in prejudgment interest. The court permanently enjoined him from future securities fraud and prohibited him from serving as an officer or director of any registered issuer.
The Securities and Exchange Commission successfully obtained a final judgment against Christopher Steven Kirchner in the Northern District of Texas. The court found Kirchner liable for violations of Section 10(b) of the Exchange Act and Section 17(a) of the Securities Act involving fraudulent schemes and material misstatements. He was ordered to pay $28,074,080 in disgorgement of net profits and $6,770,535.02 in prejudgment interest, though this is satisfied by a separate criminal restitution order in United States v. Kirchner. Additionally, the judgment permanently restrains Kirchner from committing further securities fraud and bars him from serving as an officer or director of any issuer with registered securities. The court also noted that the resulting debts are non-dischargeable in bankruptcy. The final judgment was officially entered on January 3, 2025.
Extracted insights
- $28.07M $28,074,080 $10M–$100M
- $6.77M $6,770,535 $1M–$10M
- person CHRISTOPHER STEVEN KIRCHNER
- organization Defendant
- person Defendant
- person final judgment
- organization Securities Act Of 1933
- agency Securities and Exchange Commission
- organization Securities and Exchange Commission
- court united states district court
- organization United States District Court
- Securities And Exchange Commission issued Final Judgment
- Christopher Steven Kirchner violated Securities Exchange Act Of 1934
- Christopher Steven Kirchner violated Securities Act Of 1933
- Defendant prohibited from acting officer or director
- Defendant liable for disgorgement of $28,074,080
- Defendant pay prejudgment interest of $6,770,535.02
- United States District Court entered order of restitution
- Defendant admitted allegations in the complaint
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. No. 4:23-cv-0147-P CHRISTOPHER STEVEN KIRCHNER, Defendant. FINAL JUDGMENT This final judgment is issued pursuant to Federal Rule of Civil Procedure 58(a). The Clerk of the Court shall transmit a true copy of this judgment to the parties. 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; and 2 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. As provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing two paragraphs also bind 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). Under Section 21(d)(2) of the Exchange Act (15 U.S.C. § 78u(d)(2)) and Section 20(e) of the Securities Act (15 U.S.C. § 77t(e)), Defendant is prohibited from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act (15 U.S.C. § 78l) or that is required to file reports pursuant to Section 15(d) of the Exchange Act (15 U.S.C. § 78o(d)). Defendant is liable for disgorgement of $28,074,080, representing net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $6,770,535.02. However, Defendant’s obligation to pay disgorgement and prejudgment interest shall be deemed satisfied upon the entry of this Final Judgment by the order of restitution entered against him in United States v. Kirchner, 23-cr-127-P (N.D. Tex.). 3 Solely 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). SO ORDERED on this 3rd day of January 2025. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION REGINALEA KEMP, Plaintiff, v. No. 4:23-cv-00841-P REGIONSBANKET AL., Defendants. ORDER Before the Court is Plaintiff’s Unopposed Motion for Leave to File Second Amended Complaint. ECF No. 18. Having considered the Motion and applicable docket entries, the Court GRANTS the Motion. SO ORDERED on this 18th day of September 2023. ______________________________________________ Mark T. Pittman UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. No. 4:23-cv-0147-P CHRISTOPHER STEVEN KIRCHNER, Defendant. FINAL JUDGMENT This final judgment is issued pursuant to Federal Rule of Civil Procedure 58(a). The Clerk of the Court shall transmit a true copy of this judgment to the parties. 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; and Case 4:23-cv-00147-P Document 59 Filed 01/03/25 Page 1 of 3 PageID 246 2 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. As provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing two paragraphs also bind 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). Under Section 21(d)(2) of the Exchange Act (15 U.S.C. § 78u(d)(2)) and Section 20(e) of the Securities Act (15 U.S.C. § 77t(e)), Defendant is prohibited from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act (15 U.S.C. § 78l) or that is required to file reports pursuant to Section 15(d) of the Exchange Act (15 U.S.C. § 78o(d)). Defendant is liable for disgorgement of $28,074,080, representing net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $6,770,535.02. However, Defendant’s obligation to pay disgorgement and prejudgment interest shall be deemed satisfied upon the entry of this Final Judgment by the order of restitution entered against him in United States v. Kirchner, 23-cr-127-P (N.D. Tex.). Case 4:23-cv-00147-P Document 59 Filed 01/03/25 Page 2 of 3 PageID 247 3 Solely 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). SO ORDERED on this 3rd day of January 2025. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION REGINALEA KEMP, Plaintiff, v. No. 4:23-cv-00841-P REGIONS BANK ET AL., Defendants. ORDER Before the Court is Plaintiff’s Unopposed Motion for Leave to File Second Amended Complaint. ECF No. 18. Having considered the Motion and applicable docket entries, the Court GRANTS the Motion. SO ORDERED on this 18th day of September 2023. ______________________________________________ Mark T. Pittman UNITED STATES DISTRICT JUDGE Case 4:23-cv-00147-P Document 59 Filed 01/03/25 Page 3 of 3 PageID 248