Securities and Exchange Commission v. Peter H. Pocklington et al

Filing 155

JUDGMENT by Judge Fernando L. Aenlle-Rocha : The Securities and Exchange Commission having filed a Complaint and Defendant Robert A. Vanetten having entered a general appearance; consented to the Court's jurisdiction over Defendant and the su bject matter of this action; consented to entry of this Judgment [15 Defendant is permanently restrained and enjoined from violating the Securities Act. Defendant shall pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty. The Court shall determine the amounts of the disgorgement and civil penalty upon motion of the Commission. Prejudgment interest shall be calculated from May 1, 2018, based on the rate of interest used by the Internal Revenue Service for the underpayment of federal income tax as set forth in 26 U.S.C. 6621(a)(2). (SEE DOCUMENT FOR SPECIFIC SEC ACT CITES AND COMPLIANCE REQUIREMENTS THERETO). (lc) Modified on 11/4/2021 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,

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Case No. 5:18-cv-00701-FLA (SPx)
JUDGMENT AS TO DEFENDANT
ROBERT A. VANETTEN

v.
PETER H. POCKLINGTON,
LANTSON E. ELDRED, TERRENCE
J. WALTON, YOLANDA C.
VELAZQUEZ a/k/a LANA
VELAZQUEZ a/k/a LANA PULEO,
VANESSA PULEO, ROBERT A.
VANETTEN, NOVA OCULUS
PARTNERS, LLC, f/k/a THE EYE
MACHINE, LLC, and AMC
HOLDINGS, LLC,
Defendants.
EVA S. POCKLINGTON, DTR
HOLDINGS, LLC, COBRA
CHEMICAL, LLC, and GOLD STAR
RESOURCES, LLC,
Relief Defendants.

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JUDGMENT AS TO ROBERT A. VANETTEN

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The Securities and Exchange Commission having filed a Complaint and

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Defendant Robert A. Vanetten (“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 Judgment without admitting or denying the

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allegations of the Complaint (except as to jurisdiction and except as otherwise

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provided herein in paragraph IV); waived findings of fact and conclusions of law; and

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waived any right to appeal from this Judgment:

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

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permanently restrained and enjoined from violating Section 5 of the Securities Act

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[15 U.S.C. § 77e] by, directly or indirectly, in the absence of any applicable

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exemption:

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(a)

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

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use of any means or instruments of transportation or communication in interstate

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commerce or of the mails to sell such security through the use or medium of any

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prospectus or otherwise;

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(b)

Unless a registration statement is in effect as to a security,

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carrying or 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 of sale or

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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 offer to buy

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through the use or medium of any prospectus or otherwise any security, unless a

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registration statement has been filed with the Commission as to such security, or

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while the registration statement is the subject of a refusal order or stop order or (prior

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to the effective date of the registration statement) any public proceeding or

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examination under 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 Judgment by personal service or

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otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and

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(b) other persons in active concert or participation with Defendant or with anyone

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described in (a).
II.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant is permanently restrained and enjoined from violating, directly or

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indirectly, Section 15(a) of the Securities Exchange Act of 1934 (the “Exchange

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Act”) [15 U.S.C. § 78o(a)] by making use of the mails or any means or

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instrumentality of interstate commerce to effect any transactions in, or to induce or

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attempt to induce the purchase or sale of, any security, without being registered as a

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broker and/or dealer pursuant to Section 15(b) of the Exchange Act [15 U.S.C. §

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78o(b)] or while Defendants are not associated with an entity registered with the

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Commission as a broker or dealer.

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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 Judgment by personal service or

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otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and

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(b) other persons in active concert or participation with Defendant or with anyone

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described in (a).

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III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that

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Defendant shall pay disgorgement of ill-gotten gains, prejudgment interest thereon,

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and a civil penalty pursuant to Section 20(d) of the Securities Act [15 U.S.C.

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§ 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)]. The

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Court shall determine the amounts of the disgorgement and civil penalty upon motion
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of the Commission. Prejudgment interest shall be calculated from May 1, 2018,

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based on the rate of interest used by the Internal Revenue Service for the

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underpayment of federal income tax as set forth in 26 U.S.C. § 6621(a)(2). In

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connection with the Commission’s motion for disgorgement and/or civil penalties,

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and at any hearing held on such a motion: (a) Defendant will be precluded from

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arguing that he did not violate the federal securities laws as alleged in the Complaint;

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(b) Defendant may not challenge the validity of the Consent or this Judgment; (c)

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solely for the purposes of such motion, the allegations of the Complaint shall be

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accepted as and deemed true by the Court; and (d) the Court may determine the issues

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raised in the motion on the basis of affidavits, declarations, excerpts of sworn

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deposition or investigative testimony, and documentary evidence, without regard to

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the standards for summary judgment contained in Rule 56(c) of the Federal Rules of

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Civil Procedure. In connection with the Commission’s motion for disgorgement

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and/or civil penalties, the parties may take discovery, including discovery from

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appropriate non-parties.
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 complaint are true and admitted by Defendant,

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and further, any debt for disgorgement, prejudgment interest, civil penalty or other

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amounts due by Defendant under this Judgment or any other judgment, order, consent

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order, decree or settlement agreement entered in connection with this proceeding, is a

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debt for the violation by Defendant of the federal securities laws or any regulation or

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order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy

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Code, 11 U.S.C. §523(a)(19).

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V.
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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Judgment.

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Dated: November 4, 2021
FERNANDO L. AENLLE-ROCHA
United States District Judge

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