2025-01-07 sec-litreleases judgment 208 KB 4,595 chars

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)

Caption
Securities and Exchange Commission v. Kirchner
summary

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.

paragraph

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.

narrative

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.

Enriched metadata

Scheme
accounting-fraud (70%)
Court
Northern District of Texas
Case No.
4:23-cv-00147
Disgorgement
$28,074,080
Classified accounting-fraud(confidence 70%). EDGAR detection: forms 10-K/10-Q/8-K/NT 10-K· recall 80% / precision 48%. detection rule →
Statutes
15 U.S.C. § 78j(b)15 U.S.C. § 77q(a)15 U.S.C. § 78u(d)15 U.S.C. § 77t(e)15 U.S.C. § 78l15 U.S.C. § 78o(d)11 U.S.C. § 52311 U.S.C. § 523(a)17 C.F.R. § 240.10b-5Section 10(b) of the Securities Exchange ActSection 17(a) of the Securities ActSection 20(e) of the Securities ActRule 10b-5
Parties
Securities and Exchange CommissionChris KirchnerADR ProviderKfim LLC
Keywords
securitiescv-exchangematerial factordersecurities exchangedocument pagepage pageidprejudgment interestfinalundermaterialfactmadewhich

Extracted insights

Dollar amounts 2
  • $28.07M $28,074,080 $10M–$100M
  • $6.77M $6,770,535 $1M–$10M
Entities 9
  • 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
Triples 8
  • 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
Text layers
Extracted body text (4,595c)
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
OCR text (4,804c · tika · 95% conf)
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.). 

 

 

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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