U.S. Securities and Exchange Commission v. Renato Rodriguez et al
Filing
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FINAL JUDGMENT AS TO DEFENDANT RENATO RODRIGUEZ by Judge Andrew J. Guilford. (see document for details). (MD JS-6, Case Terminated). (dro)
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LYNN M. DEAN (Cal. Bar No. 205562)
Email: deanl@sec.gov
PETER DEL GRECO (Cal. Bar No. 164925)
Email: delgrecop@sec.gov
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Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
Alka N. Patel, Associate Regional Director
444 S. Flower Street, Suite 900
Los Angeles, California 90071
Telephone: (323) 965-3998
Facsimile: (213) 443-1904
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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,
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vs.
Case No. SACV 17-0375-AG(JDEx)
FINAL JUDGMENT AS TO
DEFENDANT RENATO
RODRIGUEZ
RENATO RODRIGUEZ and
GUTEMBERG DOS SANTOS,
Defendants.
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FINAL JUDGMENT AS TO DEFENDANT RENATO RODRIGUEZ
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The Securities and Exchange Commission having filed a Complaint and
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Defendant Renato Rodriguez having entered a general appearance; consented to the
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Court’s jurisdiction over Defendant and the subject matter of this action; consented to
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entry of this Final Judgment without admitting or denying the allegations of the
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Complaint (except as to jurisdiction and except as otherwise provided herein in
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paragraph VI); waived findings of fact and conclusions of law; and waived any right
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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 promulgated thereunder [17 C.F.R. § 240.10b-5], by using
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any means or instrumentality of interstate commerce, or of the mails, or of any
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facility of any national securities exchange, in connection with the purchase or sale of
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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 of the
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circumstances under which they were made, not misleading; or
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(c)
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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).
to engage in any act, practice, or course of business which operates or
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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 make the
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statements made, in light of the circumstances under which they were made,
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not misleading; or
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(c)
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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).
to engage in any transaction, practice, or course of business which
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III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
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Defendant is permanently restrained and enjoined from violating Section 5 of the
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Securities Act [15 U.S.C. § 77e] by, directly or indirectly, in the absence of any
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applicable 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).
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IV.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
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Defendant is liable, jointly and severally with Gutemberg Dos Santos, for
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disgorgement of $1,400,000, representing profits gained as a result of the conduct
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alleged in the Complaint, and a civil penalty in the amount of $160,000 pursuant to
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Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the
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Exchange Act [15 U.S.C. § 78u(d)(3)]. Defendant shall satisfy this obligation by
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paying $1,560,000 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
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Accounts Receivable Branch
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6500 South MacArthur Boulevard
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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; Renato Rodriguez 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.
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V.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
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Consent is incorporated herein with the same force and effect as if fully set forth
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herein, and that Defendant shall comply with all of the undertakings and agreements
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set forth therein.
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VI.
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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VII.
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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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6/8/2017
Dated: ______________, _____
____________________________________
UNITED STATES DISTRICT JUDGE
ANDREW J GUILFORD
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