Securities and Exchange Commission v. Thomas Miller et al
Filing
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FINAL JUDGMENT AS TO DEFENDANT WILLIAM LIANG by Judge Consuelo B. Marshall. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Section 13(b)(5) of the Exchange Act, 15 U.S.C. Section 78m(b )(5) and Exchange Act Rule 13b2-1 thereunder, 17 C.F.R. Section 240.13b2-1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $35,000 to the Securities and Exchange Commission pursuant to Sect ion 21(d)(3) of the Exchange Act, 15 U.S.C. Section 78u(d). 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. See order for details. (MD JS-6, Case Terminated). (shb)
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GARY Y. LEUNG (Cal. Bar No. 302928)
Email: leungg@sec.gov
LYNN M. DEAN (Cal. Bar No. 205562)
Email: deanl@sec.gov
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
Amy Jane Longo, Regional Trial Counsel
444 S. Flower Street, Suite 900
Los Angeles, California 90071
Telephone: (323) 965-3998
Facsimile: (213) 443-1904
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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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Case No. 2:17-cv-00897-CBM-RAO
FINAL JUDGMENT AS TO
DEFENDANT WILLIAM LIANG
[JS-6]
vs.
THOMAS MILLER and WILLIAM
LIANG,
Defendants.
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FINAL JUDGMENT AS TO DEFENDANT WILLIAM LIANG
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The Securities and Exchange Commission having filed a First Amended
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Complaint and Defendant William Liang having entered a general appearance;
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consented to the Court’s jurisdiction over Defendant and the subject matter of this
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action; consented to entry of this Final Judgment without admitting or denying the
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allegations of the Fourth Claim for Relief of the First Amended Complaint (except as
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to jurisdiction and except as otherwise provided herein in paragraph IV); waived
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findings of fact and conclusions of law; and waived any right to appeal from this
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Final 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 Section 13(b)(5) of the Exchange
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Act, 15 U.S.C. § 78m(b)(5) and Exchange Act Rule 13b2-1 thereunder, 17 C.F.R. §
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240.13b2-1.
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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.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
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shall pay a civil penalty in the amount of $35,000 to the Securities and Exchange
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Commission pursuant to Section 21(d)(3) of the Exchange Act, 15 U.S.C. § 78u(d).
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Defendant shall make payment of the first $10,000 of this amount within 14 days
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after entry of this Final Judgment. The remaining $25,000, plus post-judgment
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interest, which shall accrue pursuant to 28 U.S.C. §1961, shall be paid on or before
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365 days from the entry of this Final Judgment. Prior to making the final payment set
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forth herein, Liang shall contact the staff of the Commission for the amount due for
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the final payment.
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If Liang fails to make the first payment within 14 days, all outstanding
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payments under this Final Judgment, including post-judgment interest, minus any
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payments made, shall become due and payable immediately at the discretion of the
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staff of the Commission without further application to the Court.
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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
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,
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and name of this Court; William Liang as a defendant in this action; and specifying
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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. Defendant shall pay post-judgment interest on any delinquent
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amounts pursuant to 28 USC § 1961.
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III.
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 Defendant shall comply with all of the undertakings and agreements
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set forth therein.
IV.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for
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purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code,
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11 U.S.C. §523, the allegations in the Fourth Claim for Relief of the First Amended
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Complaint are true and admitted by Defendant, and further, any debt for
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disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant
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under this Final Judgment or any other judgment, order, consent order, decree or
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settlement agreement entered in connection with this proceeding, is a debt for the
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violation by Defendant of the federal securities laws or any regulation or order issued
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under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11 U.S.C.
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§523(a)(19).
V.
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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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VI.
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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
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and without further notice.
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Dated: April 17, 2019
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HON. CONSUELO B. MARSHALL
UNITED STATES DISTRICT JUDGE
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