Securities and Exchange Commission v. Paul Mata et al

Filing 154

FINAL JUDGMENT AS TO LOGOS WEALTH ADVISORS, INC. by Judge Virginia A. Phillips, in favor of Securities and Exchange Commission against Logos Wealth Advisors Inc.: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating Section 206 of the Investment Advisers Act of 1940 [15 U.S.C. §§ 80b-6], by the use of mails or means or instrumentalities of interstate commerce, directly or indirectly: A. to employ devices, schemes and arti fices to defraud clients or prospective clients; or B. to engage in transactions, practices, and courses of business which operate as a fraud or deceit upon clients or prospective clients. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as prov ided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $11,603,590.80, representing profits gained as a result of the conduct alleged in the Complaint. This obligation shall be deemed satisfied by the Court-appointed receivers final distribution of the funds collected during the course of the receivership. IT IS FURTHER ORDERED, ADJU DGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. 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. Related to: Stipulation for Judgment 152 (bm)

1
2
3
4
5
6
7

LYNN M. DEAN, Cal. Bar No. 205562
Email: [e-mail]
BRENT W. WILNER, Cal. Bar No. 230093
Email: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
John W. Berry, Associate Regional Director
444 S. Flower Street, Suite 900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

01/13/2017
D
G

8
UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13

SECURITIES AND EXCHANGE
COMMISSION,

14

Plaintiff,

15
16
17
18
19
20
21
22
23
24
25
26
27
28

vs.
PAUL MATA, DAVID KAYATTA,
MARIO PINCHEIRA, SECURED
CAPITAL INVESTMENTS, LLC,
LOGOS REAL ESTATE HOLDINGS,
LLC, LOGOS WEALTH ADVISORS,
INC., and LIFETIME ENTERPRISES,
LLC (dba LOGOS LIFETIME
UNIVERSITY),
Defendants.

Case No. 5:15-cv-01792-VAP-KK
FINAL JUDGMENT AS TO
LOGOS WEALTH ADVISORS, INC.

1

FINAL JUDGMENT AS TO LOGOS WEALTH ADVISORS, INC.

2

The Securities and Exchange Commission having filed a Complaint and the

3

court-appointed permanent receiver Robert P. Mosier (“Receiver”), acting on behalf

4

of Defendant Logos Wealth Advisors, Inc. having entered a general appearance;

5

consented to the Court’s jurisdiction over Defendant and the subject matter of this

6

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

7

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

8

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

9
10

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

11

permanently restrained and enjoined from violating Section 206 of the Investment

12

Advisers Act of 1940 [15 U.S.C. §§ 80b-6], by the use of mails or means or

13

instrumentalities of interstate commerce, directly or indirectly:

14

A.

prospective clients; or

15
16
17

to employ devices, schemes and artifices to defraud clients or

B.

to engage in transactions, practices, and courses of business which
operate as a fraud or deceit upon clients or prospective clients.

18

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

19

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

20

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

21

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

22

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

23

with anyone described in (a).

24
25

II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant

26

is liable for disgorgement of $11,603,590.80, representing profits gained as a result of

27

the conduct alleged in the Complaint. This obligation shall be deemed satisfied by

28

the Court-appointed receiver’s final distribution of the funds collected during the
1

1

course of the receivership.
III.

2
3

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the

4

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

5

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

6

set forth therein.
IV.

7
8
9
10

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.

11
12
13

Dated: January 13, 2017_____ _____
THE HON. VIRGINIA A. PHILLIPS
CHIEF UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2