Securities and Exchange Commission v. Peter H. Pocklington et al
Filing
199
FINAL JUDGMENT ON CONSENT AS TO DEFENDANT AMC HOLDINGS, LLC 177 by Judge Fernando L. Aenlle-Rocha: Defendant AMC Holdings, LLC and its agents, officers etc are permanently restrained and enjoined from violating the Security Exchange Act as cite d herein. Defendant shall pay a civil penalty in the amount of $543,213.00. Defendant shall satisfy this obligation by paying $543,213.00 to the Securities and Exchange Commission within 30 days after entryof this Final Judgment. (SEE COMPLIANCE REQUIREMENTS AND DEADLINES). (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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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.
Case No. 5:18-cv-00701-FLA (SPx)
FINAL JUDGMENT AS TO
DEFENDANT AMC HOLDINGS, LLC
[DKT. 177]
FINAL JUDGMENT AS TO AMC HOLDINGS, LLC
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The Securities and Exchange Commission (the “Commission”) having filed a
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Complaint and Defendant AMC Holdings, LLC (“Defendant”) having entered a
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general appearance; consented to the court’s jurisdiction over Defendant and the
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subject matter of this action; consented to entry of this Final Judgment without
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admitting or denying the allegations of the Complaint (except as to jurisdiction and
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except as otherwise provided herein); waived findings of fact and conclusions of law;
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and waived any right to appeal from this Final 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, 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 (a) and (c) promulgated thereunder [17 C.F.R. § 240.10b-
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5(a) and (c)], by using any means or instrumentality of interstate commerce, or of the
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mails, or of any facility of any national securities exchange, in connection with the
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purchase or sale of any security:
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(a)
to employ any device, scheme, or artifice to defraud; or
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(c)
to engage in any act, practice, or course of business which operates or
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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 shall pay a civil penalty in the amount of $543,213.00 pursuant to Section
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20(d) of the Securities Act 15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange
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Act [15 U.S.C. § 78u(d)(3). Defendant shall satisfy this obligation by paying
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$543,213.00 to the Securities and Exchange Commission within 30 days after entry
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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:
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; AMC Holdings, LLC 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
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.
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The Commission may enforce the court’s judgment for penalties by the use of
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all collection procedures authorized by law, including the Federal Debt Collection
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Procedures Act, 28 U.S.C. § 3001 et seq., and moving for civil contempt for the
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violation of any court orders issued in this action. Defendant shall pay post judgment
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interest on any amounts due after 30 days of the entry of this Final Judgment pursuant
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to 28 U.S.C. § 1961. The Commission shall hold the funds, together with any interest
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and income earned thereon (collectively, the “Fund”), pending further order of the
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court.
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The Commission may propose a plan to distribute the Fund subject to the
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court’s approval. Such a plan may provide that the Fund shall be distributed pursuant
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to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of 2002.
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The court shall retain jurisdiction over the administration of any distribution of the
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Fund, and the Fund may only be disbursed pursuant to an Order of the court.
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Regardless of whether any such Fair Fund distribution is made, amounts
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ordered to be paid as civil penalties pursuant to this Judgment shall be treated as
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penalties paid to the government for all purposes, including all tax purposes. To
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preserve the deterrent effect of the civil penalty, Defendant shall not, after offset or
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reduction of any award of compensatory damages in any Related Investor Action
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based on Defendant’s payment of disgorgement in this action, argue that it is entitled
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to, nor shall it further benefit by, offset or reduction of such compensatory damages
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award by the amount of any part of Defendant’s payment of a civil penalty in this
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action (“Penalty Offset”). If the court in any Related Investor Action grants such a
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Penalty Offset, Defendant shall, within 30 days after entry of a final order granting
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the Penalty Offset, notify the Commission’s counsel in this action and pay the amount
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of the Penalty Offset to the United States Treasury or to a Fair Fund, as the
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Commission directs. Such a payment shall not be deemed an additional civil penalty
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and shall not be deemed to change the amount of the civil penalty imposed in this
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Judgment. For purposes of this paragraph, a “Related Investor Action” means a
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private damages action brought against Defendant by or on behalf of one or more
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investors based on substantially the same facts as alleged in the Complaint in this
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action.
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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 9, 2022
FERNANDO L. AENLLE-ROCHA
United States District Judge
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