Securities and Exchange Commission v. Daniel J Lama

Filing 11

FINAL JUDGMENT AS TO DEFENDANT DANIEL J. LAMA by Judge John A. Kronstadt. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $11,502, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $680, and a civil penalty in the amount of $34,506 pursuant to Section 21A of the Exchange Act [15 U.S.C. § 78u-1]. Defendant shall satisfy this obligation by paying $46,688 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. (see attached document for details.) (MD JS-6, Case Terminated). (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,
vs.

Case No. ED CV14-00996 JAK (JEMx)
FINAL JUDGMENT AS TO
DEFENDANT DANIEL J. LAMA
JS-6

DANIEL J. LAMA,
Defendant.

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The Securities and Exchange Commission having filed a Complaint and

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Defendant Daniel J. Lama, MD (“Defendant”) 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 Complaint (except as to jurisdiction); 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 Defendant
and Defendant’s agents, servants, employees, attorneys, and all persons in active

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concert or participation with them who receive actual notice of this Final Judgment

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by personal service or otherwise are permanently restrained and enjoined from

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violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934

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(the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder

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[17 C.F.R. § 240.10b-5], by using any means or instrumentality of interstate

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commerce, or of the mails, or of any facility of any national securities exchange, in

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connection with the purchase or sale of any 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.
II.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that

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Defendant and Defendant’s agents, servants, employees, attorneys, and all persons in

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active concert or participation with them who receive actual notice of this Final

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Judgment by personal service or otherwise are permanently restrained and enjoined

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from violating Section 17(a) of the Securities Act of 1933 (the “Securities Act”) [15
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U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or

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instruments of transportation or communication in interstate commerce or by use of

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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.
III.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant

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is liable for disgorgement of $11,502, representing profits gained as a result of the

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

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amount of $680, and a civil penalty in the amount of $34,506 pursuant to Section

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21A of the Exchange Act [15 U.S.C. § 78u-1]. Defendant shall satisfy this obligation

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by paying $46,688 to the Securities and Exchange Commission within 14 days after

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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
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
and shall be accompanied by a letter identifying the case title, civil action number,
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and name of this Court; Dr. Daniel J. Lama 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.

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The Commission 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 Final

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Judgment. Defendant shall pay post judgment interest on any delinquent amounts

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pursuant to 28 U.S.C. § 1961.
IV.

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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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Dated: May 30, 2014
____________________________________
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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