Securities and Exchange Commission v. Richard Condon et al

Filing 9

FINAL JUDGMENT AS TO RELIEF DEFENDANT ALI SAGHEB by Judge Andre Birotte Jr. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Relief Defendant is liable for disgorgement of $17,993.88, representing profits gained as a result of the conduct allege d in the complaint, together with prejudgment interest thereon in the amount of $1,836.08, for a total of $19,829.96. Relief Defendant shall satisfy this obligation by paying $19,829.88 to the SEC within 14 days after entry of this Final Judgment. (See attachment Final Judgment for further details). (jp)

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CC: Fiscal

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA -- WESTERN DIVISION

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

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vs.
RICHARD CONDON and
JONATHAN ROSS,
Defendants,
ALI SAGHEB,
Relief Defendant.

Case No. CV 15-07443-AB (FFMx)

FINAL JUDGMENT AS TO RELIEF
DEFENDANT ALI SAGHEB

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The Securities and Exchange Commission (“SEC”) having filed a complaint

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and Relief Defendant Ali Sagheb (“Relief Defendant”) having entered a general

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appearance, consented to the Court’s jurisdiction over Relief Defendant and the

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subject matter of this action, consented to entry of this Final Judgment without

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admitting or denying the allegations of the complaint (except as to jurisdiction and

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except as otherwise provided herein in Section III), waived findings of fact and

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conclusions of law, and waived any right to appeal from this Final Judgment:
I.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Relief

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Defendant is liable for disgorgement of $17,993.88, representing profits gained as

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a result of the conduct alleged in the complaint, together with prejudgment interest

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thereon in the amount of $1,836.08, for a total of $19,829.96. Relief Defendant

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shall satisfy this obligation by paying $19,829.88 to the SEC within 14 days after

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entry of this Final Judgment.

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Relief Defendant may transmit payment electronically to the SEC, which

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

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

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website at http//www.sec.gov/about/offices/ofm.htm. Defendant may also pay by

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

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to the Securities and Exchange Commission, which shall be delivered or mailed to

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Enterprise Services Center

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Accounts Receivable Branch

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6500 South MacArthur Boulevard

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Oklahoma City, OK 73169

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

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and name of this Court; Ali Sagheb as a relief defendant in this action; and

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specifying that payment is made pursuant to this Final Judgment.

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Relief Defendant shall simultaneously transmit photocopies of evidence of

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

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making this payment, Relief Defendant relinquishes all legal and equitable right,

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title, and interest in such funds and no part of the funds shall be returned to Relief

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Defendant. The SEC shall send the funds paid pursuant to this Final Judgment to

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the United States Treasury.

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

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prejudgment interest by moving for civil contempt (and/or through other collection

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procedures authorized by law) at any time after 14 days following entry of this

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Final Judgment. Relief Defendant shall pay post judgment interest on any

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delinquent amounts pursuant to 28 U.S.C. §1961.

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II.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the

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Consent is incorporated herein with the same force and effect as if fully set forth

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herein, and that Relief Defendant shall comply with all of the undertakings and

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agreements set forth therein.

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III.
IT IS FURTHER ODERED, ADJUDGED, AND DECREED that, solely for

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purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy

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Code, 11 U.S.C. § 523, the allegations in the complaint are true and admitted by

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Relief Defendant, and further, any debt for disgorgement, prejudgment interest,

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civil penalty or other amounts due by Relief Defendant under this Final Judgment

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or any other judgment, order, consent order, decree or settlement agreement

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entered in connection with this proceeding, is a debt for the violation of the federal

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securities laws or any regulation or order issued under such laws, as set forth in

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Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 523(a)(19).

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IV.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this

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Court shall retain jurisdiction of this matter for the purposes of enforcing the terms

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of this Final Judgment.
V.

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There being no just reason for delay, pursuant to Rule 54(b) of the Federal

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Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment

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forthwith and without further notice.

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Dated: October 5, 2015

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HONORABLE ANDRÉ BIROTTE JR.
UNITED STATES DISTRICT JUDGE

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