Securities and Exchange Commission v. Justin Robert King et al
Filing
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FINAL JUDGMENT AS TO RELIEF DEFENDANT SHANNON LEIGH KING by Judge James V. Selna, IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief Defendant is liable for disgorgement in the amount of $398,000, plus prejudgment interest thereon i n the amount of $11,037.98, which amounts shall be deemed satisfied by the funds currently in the possession of the Court-appointed Receiver in this action. Related to: Stipulation for Judgment 74 [See Judgment for further details.] (MD JS-6, Case Terminated). (es)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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Case No. SACV 20-02398 JVS (DFMx)
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SECURITIES AND EXCHANGE
COMMISSION,
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Plaintiff,
FINAL JUDGMENT AS TO RELIEF
DEFENDANT SHANNON LEIGH
KING
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vs.
JUSTIN ROBERT KING; AND
ELEVATE INVESTMENTS LLC,
Defendants,
SHANNON LEIGH KING,
Relief Defendant.
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The Securities and Exchange Commission having filed a Complaint and Relief
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Defendant Shannon Leigh King having entered a general appearance; consented to
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the Court’s jurisdiction over Relief Defendant and the subject matter of this action;
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consented to entry of this Final 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 III; waived findings of fact and conclusions of law; and
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waived any right to appeal from this Final Judgment:
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I.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
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Relief Defendant is liable for disgorgement in the amount of $398,000, plus
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prejudgment interest thereon in the amount of $11,037.98, which amounts shall be
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deemed satisfied by the funds currently in the possession of the Court-appointed
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Receiver in this action.
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The Receiver shall hold the funds (collectively, the “Fund”) until further order
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of this Court. The Receiver may propose a plan to distribute the Fund subject to the
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Court’s approval, and the Court shall retain jurisdiction over the administration of
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any distribution of the Fund.
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II.
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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III.
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 of the federal securities laws or any regulation
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or 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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IV.
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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V.
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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: January 24, 2022
____________________________________
HON JAMES V. SELNA
UNITED STATES DISTRICT JUDGE
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PROOF OF SERVICE
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I am over the age of 18 years and not a party to this action. My business
address is:
U.S. SECURITIES AND EXCHANGE COMMISSION,
444 S. Flower Street, Suite 900, Los Angeles, California 90071
Telephone No. (323) 965-3998; Facsimile No. (213) 443-1904.
On January 21, 2022, I caused to be served the document entitled FINAL
JUDGMENT AS TO RELIEF DEFENDANT SHANNON LEIGH KING on all
the parties to this action addressed as stated on the attached service list:
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OFFICE MAIL: By placing in sealed envelope(s), which I placed for
collection and mailing today following ordinary business practices. I am readily
familiar with this agency’s practice for collection and processing of correspondence
for mailing; such correspondence would be deposited with the U.S. Postal Service on
the same day in the ordinary course of business.
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PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s),
which I personally deposited with the U.S. Postal Service. Each such envelope was
deposited with the U.S. Postal Service at Los Angeles, California, with first class
postage thereon fully prepaid.
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EXPRESS U.S. MAIL: Each such envelope was deposited in a facility
regularly maintained at the U.S. Postal Service for receipt of Express Mail at Los
Angeles, California, with Express Mail postage paid.
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HAND DELIVERY: I caused to be hand delivered each such envelope to the
office of the addressee as stated on the attached service list.
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UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated
by United Parcel Service (“UPS”) with delivery fees paid or provided for, which I
deposited in a facility regularly maintained by UPS or delivered to a UPS courier, at
Los Angeles, California.
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ELECTRONIC MAIL: By transmitting the document by electronic mail to
the electronic mail address as stated on the attached service list.
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E-FILING: By causing the document to be electronically filed via the Court’s
CM/ECF system, which effects electronic service on counsel who are registered with
the CM/ECF system.
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FAX: By transmitting the document by facsimile transmission. The
transmission was reported as complete and without error.
I declare under penalty of perjury that the foregoing is true and correct.
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Date: January 21, 2022
/s/ Lynn M. Dean
Lynn M. Dean
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SEC v. Justin Robert King, et al.
United States District Court—Central District of California
Case No. 8:20-cv-02398-JVS-DFM
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SERVICE LIST
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Kyra E. Andrassy (by ECF)
SMILEY WANG-EKVALL
3200 Park Center Drive, Suite 250
Costa Mesa, CA 92626
714-445-1000 Phone
714-445-1017 Fax
kandrassy@swelawwfirm.com
Counsel for Receiver for Defendant Elevate Investments LLC
Michael J. Quinn, Esq. (by ECF)
Vedder Price LLP
1925 Century Park East, Suite 1900
Los Angeles, CA 90067
mquinn@vedderprice.com
Counsel for Justin King and Shannon King
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