Securities and Exchange Commission v. Peter H. Pocklington et al
Filing
201
FINAL JUDGMENT ON CONSENT AS TO DEFENDANT ROBERT A. VANETTEN 175 by Judge Fernando L. Aenlle-Rocha : Defendant Robert A. Vanetten is permanently restrained and enjoined from violating the Securities Act as cited herein. Defendant is liable for d isgorgement of $114,200.00, representing net profits gained [net losses avoided] as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $18,825.00, and a civil penalty in the amount of $27,162.00. Defendant shall satisfy this obligation by paying $160,187.00 to the Securities and Exchange Commission within one year after entry of this Final Judgment. (SEE DOCUMENT FOR 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,
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FINAL JUDGMENT AS TO
DEFENDANT ROBERT A.
VANETTEN [DKT. 175]
Plaintiff,
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Case No. 5:18-cv-00701-FLA (SPx)
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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FINAL JUDGMENT AS TO ROBERT A. VANETTEN
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The Securities and Exchange Commission (the “Commission”) having filed a
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Complaint and Defendant Robert A. Vanetten (“Defendant”) having entered a general
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appearance; consented to the court’s jurisdiction over Defendant and the subject
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matter of this action; consented to entry of this Final Judgment without admitting or
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denying the allegations of the Complaint (except as to jurisdiction and except as
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otherwise provided herein in paragraph IV); waived findings of fact and conclusions
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of law; 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 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 use of
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any means or instruments of transportation or communication in
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interstate commerce or of the mails to sell such security through the use
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or medium of any prospectus or otherwise;
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(b)
Unless a registration statement is in effect as to a security, carrying or
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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
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of sale or 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
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offer to buy through the use or medium of any prospectus or otherwise
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any security, unless a registration statement has been filed with the
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Commission as to such security, or while the registration statement is the
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subject of a refusal order or stop order or (prior to the effective date of
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the registration statement) any public proceeding or examination under
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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 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).
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, 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 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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III.
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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
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Defendant is liable for disgorgement of $114,200.00, representing net profits gained
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[net losses avoided] as a result of the conduct alleged in the Complaint, together with
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prejudgment interest thereon in the amount of $18,825.00, and a civil penalty in the
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amount of $27,162.00 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)]. Defendant
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shall satisfy this obligation by paying $160,187.00 to the Securities and Exchange
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Commission within one year after 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:
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; Robert A. Vanetten 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
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case identifying information to the Commission’s counsel in this action. By making
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this payment, Defendant relinquishes all legal and equitable right, title, and interest in
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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 disgorgement and
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prejudgment interest by using all collection procedures authorized by law, including,
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but not limited to, moving for civil contempt at any time after 30 days following entry
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of this Final Judgment.
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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 ordered to
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be paid as civil penalties pursuant to this Judgment shall be treated as penalties paid
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to the government for all purposes, including all tax purposes. To preserve the
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deterrent effect of the civil penalty, Defendant shall not, after offset or reduction of
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any award of compensatory damages in any Related Investor Action based on
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Defendant’s payment of disgorgement in this action, argue that he is entitled to, nor
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shall he further benefit by, offset or reduction of such compensatory damages award
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by the amount of any part of Defendant’s payment of a civil penalty in this action
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(“Penalty Offset”). If the court in any Related Investor Action grants such a Penalty
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Offset, Defendant shall, within 30 days after entry of a final order granting the
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Penalty Offset, notify the Commission’s counsel in this action and pay the amount of
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the Penalty Offset to the United States Treasury or to a Fair Fund, as the Commission
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directs. Such a payment shall not be deemed an additional civil penalty and shall not
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be deemed to change the amount of the civil penalty imposed in this Judgment. For
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purposes of this paragraph, a “Related Investor Action” means a private damages
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action brought against Defendant by or on behalf of one or more investors based on
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substantially the same facts as alleged in the Complaint in this action.
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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 Final Judgment or any other judgment, order,
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consent order, decree or settlement agreement entered in connection with this
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proceeding, is a debt for the violation by Defendant of the federal securities laws or
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any regulation or order issued under such laws, as set forth in Section 523(a)(19) of
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the Bankruptcy Code, 11 U.S.C. § 523(a)(19).
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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: May 9, 2022
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FERNANDO L. AENLLE-ROCHA
United States District Judge
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