Securities and Exchange Commission v. Enviro Board Corporation et al

Filing 59

FINAL JUDGMENT AS TO DEFENDANT ENVIRO BOARD CORPORATION by Judge Manuel L. Real: Upon Stipulation 55 , IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Enviro Board Corporation is permanently restrained and enjoined, etc. Defendant is liab le for disgorgement of $3,481,831.00, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $171,442.91, and a civil penalty in the amount of $750,0 00.00 pursuant to Section 20(e) of the Securities Act, 15 U.S.C. Section 77t(e) and Section 21(d)(2) of the Exchange Act, 15 U.S.C. Section 78u(d)(2). Defendant's disgorgement and prejudgment interest obligation shall be credited by any amounts paid to the Commission by codefendants Glenn B. Camp, William J. Peiffer, and Joshua D. Mosshart as either disgorgement or prejudgment interest in connection with the above-captioned matter. Defendant shall satisfy this obligation by paying $4,403,273.91 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. See document for further details. (gk)

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GARY Y. LEUNG (Cal. Bar No. 302928)
Email: [e-mail]
DAVID J. VAN HAVERMAAT (Cal. Bar No.
Email: [e-mail]
WILLIAM S. FISKE (Cal. Bar No. 123071)
Email: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
Alka N. Patel, Associate Regional Director
Amy Jane Longo, Regional Trial Counsel
444 S. Flower Street, Suite 900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Western Division

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

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vs.

Case No. 2:16-cv-06427-R-SS
FINAL JUDGMENT AS TO
DEFENDANT ENVIRO BOARD
CORPORATION

ENVIRO BOARD CORPORATION,
GLENN B. CAMP, WILLIAM J.
PEIFFER, and JOSHUA D.
MOSSHART,
Defendants.

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The Securities and Exchange Commission having filed a Complaint and

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Defendant Enviro Board Corporation (“Defendant”) having entered a general

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appearance; consented to the Court’s jurisdiction over Defendant and the subject

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matter of this action; consented to entry of this Final Judgment without admitting or

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denying the allegations of the Complaint (except as to jurisdiction); waived findings

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of fact and conclusions of law; and waived any right to appeal from this Final

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Judgment:
I.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is

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permanently restrained and enjoined from violating, directly or indirectly, Section

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10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. §

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78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, by using any

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means or instrumentality of interstate commerce, or of the mails, or of any facility of

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any national securities exchange, in connection with the purchase or sale of any

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security:

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(a)

to employ any device, scheme, or artifice to defraud;

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(b)

to make any untrue statement of a material fact or to omit to state a

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material fact necessary in order to make the statements made, in the light

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of the circumstances under which they were made, not misleading; or

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(c)

to engage in any act, practice, or course of business which operates or
would operate as a fraud or deceit upon any person.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as

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provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also

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binds the following who receive actual notice of this Final Judgment by personal

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service or otherwise: (a) Defendant’s officers, agents, servants, employees, and

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attorneys; and (b) other persons in active concert or participation with Defendant or

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with anyone described in (a).

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II.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that

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Defendant is permanently restrained and enjoined from violating Section 17(a) of the

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Securities Act of 1933 (the “Securities Act”), 15 U.S.C. § 77q(a), in the offer or sale

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of any security by the use of any means or instruments of transportation or

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communication in interstate commerce or by use of the mails, directly or indirectly:

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(a)

to employ any device, scheme, or artifice to defraud;

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(b)

to obtain money or property by means of any untrue statement of a

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material fact or any omission of a material fact necessary in order to

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make the statements made, in light of the circumstances under which

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they were made, not misleading; or

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(c)

to engage in any transaction, practice, or course of business which
operates or would operate as a fraud or deceit upon the purchaser.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as

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provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also

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binds the following who receive actual notice of this Final Judgment by personal

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service or otherwise: (a) Defendant’s officers, agents, servants, employees, and

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attorneys; and (b) other persons in active concert or participation with Defendant or

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with anyone described in (a).
III.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that

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Defendant is permanently restrained and enjoined from violating Section 5 of the

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Securities Act, 15 U.S.C. § 77e, by, directly or indirectly, in the absence of any

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applicable exemption:

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(a)

Unless a registration statement is in effect as to a security, making use of

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any means or instruments of transportation or communication in

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interstate commerce or of the mails to sell such security through the use

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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

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causing to be carried through the mails or in interstate commerce, by any

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means or instruments of transportation, any such security for the purpose

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of sale or for delivery after sale; or

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(c)

Making use of any means or instruments of transportation or

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communication in interstate commerce or of the mails to offer to sell or

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offer to buy through the use or medium of any prospectus or otherwise

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any security, unless a registration statement has been filed with the

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Commission as to such security, or while the registration statement is the

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subject of a refusal order or stop order or (prior to the effective date of

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the registration statement) any public proceeding or examination under

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Section 8 of the Securities Act, 15 U.S.C. § 77h.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as

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provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also

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binds the following who receive actual notice of this Final Judgment by personal

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service or otherwise: (a) Defendant’s officers, agents, servants, employees, and

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attorneys; and (b) other persons in active concert or participation with Defendant or

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with anyone described in (a).

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IV.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant

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is liable for disgorgement of $3,481,831.00, representing profits gained as a result of

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the conduct alleged in the Complaint, together with prejudgment interest thereon in

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the amount of $171,442.91, and a civil penalty in the amount of $750,000.00 pursuant

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to Section 20(e) of the Securities Act, 15 U.S.C. § 77t(e) and Section 21(d)(2) of the

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Exchange Act, 15 U.S.C. § 78u(d)(2). Defendant’s disgorgement and prejudgment

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interest obligation shall be credited by any amounts paid to the Commission by co-

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defendants Glenn B. Camp, William J. Peiffer, and Joshua D. Mosshart as either

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disgorgement or prejudgment interest in connection with the above-captioned matter.
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Defendant shall satisfy this obligation by paying $4,403,273.91 to the Securities and

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Exchange Commission within 14 days after entry of this Final Judgment.

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Defendant may transmit payment electronically to the Commission, which will

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provide detailed ACH transfer/Fedwire instructions upon request. Payment may also

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be made directly from a bank account via Pay.gov through the SEC website at

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http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified

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

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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; Enviro Board Corporation as a defendant in this action; and

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specifying that payment is made pursuant to this Final Judgment.

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Defendant shall simultaneously transmit photocopies of evidence of payment

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

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

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interest in such funds and no part of the funds shall be returned to Defendant. The

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Commission shall send the funds paid pursuant to this Final Judgment to the United

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States Treasury. The Commission may enforce the Court’s judgment for

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

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other collection procedures authorized by law) at any time after 14 days following

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entry of this Final Judgment. 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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V.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
Consent is incorporated herein with the same force and effect as if fully set forth
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herein, and that Defendant shall comply with all of the undertakings and agreements

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set forth therein.

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VI.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court

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

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Final Judgment.

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VII.

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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 forthwith
and without further notice.

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Dated: December 5, 2017

_______________________________
UNITED STATES DISTRICT JUDGE
MANUEL L. REAL

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