Securities and Exchange Commission v. Harrison Schumacher et al

Filing 68

FINAL JUDGMENT AS TO RELIEF DEFENDANT TARA SCHUMACHER 67 by Judge Dean D. Pregerson, in favor of Securities and Exchange Commission against Tara Schumacher. Relief Defendant is liable for disgorgement of $244,000, representing profits gained a s a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $8,457.86, for a total of $252,454.86, but that this amount shall be deemed satisfied upon Relief Defendants execution of a docu ment suitable to the SEC to convey her interest in the art work identified in Annex A to Relief Defendants Consent, and upon the SEC, or its designated representative, taking physical possession of the art work identified in Annex A. (SEE DOCUMENT FOR OTHER SPECIFICS). (lc)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
vs.

Case No. 2:15-6388-DDP (RAOx)
FINAL JUDGMENT
AS TO RELIEF DEFENDANT
TARA SCHUMACHER

HARRISON SCHUMACHER; PAUL
MYSYK; QUANECO, LLC; and
QUANTUM ENERGY, LLC,
Defendants, and
QUANECO ENERGY HOLDINGS,
LLC; FAT CHANCE OIL & GAS,
LLC; ANV, LLC; and TARA
SCHUMACHER,
Relief Defendants.

The Securities and Exchange Commission (“SEC”) having filed a First
Amended Complaint (the “Complaint”), and Relief Defendant Tara Schumacher
having entered a general appearance; consented to the Court’s jurisdiction over Relief
Defendant and the subject matter of this action; consented to entry of this Final

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Judgment without admitting or denying the allegations of the Complaint (except as to
jurisdiction and except as otherwise provided herein in paragraph II); 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 Relief
Defendant is liable for disgorgement of $244,000, representing profits gained as a
result of the conduct alleged in the Complaint, together with prejudgment interest
thereon in the amount of $8,457.86, for a total of $252,454.86, but that this amount
shall be deemed satisfied upon Relief Defendant’s execution of a document suitable
to the SEC to convey her interest in the art work identified in Annex A to Relief
Defendant’s Consent, and upon the SEC, or its designated representative, taking
physical possession of the art work identified in Annex A.
Otherwise, Relief Defendant shall satisfy this obligation by paying
$252,454.86 to the Securities and Exchange Commission within 14 days after entry
of this Final Judgment.
Defendant 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. Relief Defendant may also pay by
certified check, bank cashier’s check, or United States postal money order payable to
the Securities and Exchange Commission, which shall be delivered or mailed to:
Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169

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and shall be accompanied by a letter identifying the case title, civil action number,
and name of this Court; Tara Schumacher as a relief defendant in this action; and
specifying that payment is made pursuant to this Final Judgment.
Relief Defendant shall simultaneously transmit photocopies of evidence of
payment and case identifying information to the Commission’s counsel in this action.
By making this payment, Relief Defendant relinquishes all legal and equitable right,
title, and interest in such funds and no part of the funds shall be returned to
Defendant.
The Commission shall hold the funds (collectively, the “Fund”) and may
propose a plan to distribute the Fund subject to the Court’s approval. The Court shall
retain jurisdiction over the administration of any distribution of the Fund. If the
Commission staff determines that the Fund will not be distributed, the Commission
shall send the funds paid pursuant to this Final Judgment to the United States
Treasury.
The Commission may enforce the Court’s judgment for disgorgement and
prejudgment interest by moving for civil contempt (and/or through other collection
procedures authorized by law) at any time after 14 days following entry of this Final
Judgment. Relief Defendant shall pay post judgment interest on any delinquent
amounts pursuant to 28 U.S.C. § 1961.

II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, 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 Relief
Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty
or other amounts due by Relief 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 of the federal securities laws or any
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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).
III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court
shall retain jurisdiction of this matter for the purposes of enforcing the terms of this
Final Judgment.
IV.
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.

Dated: September 23, 2016

________________________________
Honorable Dean D. Pregerson
United States District Judge

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