Securities And Exchange Commission v. JSW Financial Inc. et al

Filing 79

FINAL JUDGMENT AS TO DEFENDANT JAMES S. WARD. Signed by Judge Alsup on 4/12/2016. (whalc2, COURT STAFF) (Filed on 4/12/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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13 SECURITIES AND EXCHANGE COMMISSION,
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Case No. 11-cv-1356 WHA

Plaintiff,
[PROPOSED] FINAL JUDGMENT AS
TO DEFENDANT JAMES S. WARD

vs.

16 JSW FINANCIAL INC., JAMES S. WARD,
DAVID S. LEE, EDWARD G. LOCKER,
17 RICHARD F. TIPTON, and DAVID C. LIN,
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Defendants,
and

20 BLUE CHIP REALTY FUND LLC and
SHORELINE INVESTMENT FUND, LLC,
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Relief Defendants.
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FINAL JUDGMENT AS TO JAMES S. WARD

CASE NO. 11-CV-1356 WHA

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FINAL JUDGMENT AS TO DEFENDANT JAMES S. WARD
The Securities and Exchange Commission having filed a Complaint and Defendant James S.

3 Ward having entered a general appearance; consented to the Court’s jurisdiction over Defendant and
4 the subject matter of this action; consented to entry of this Final Judgment; waived findings of fact
5 and conclusions of law; and waived any right to appeal from this Final Judgment; and Defendant
6 having admitted the facts set forth in the Consent of Defendant James S. Ward (“Consent”) and
7 acknowledged that his conduct violated the federal securities laws:
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I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently

10 restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities
11 Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated
12 thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of interstate commerce, or
13 of the mails, or of any facility of any national securities exchange, in connection with the purchase or
14 sale of 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 material fact

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necessary in order to make the statements made, in the light of the circumstances

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under which they were made, not misleading; or

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(c)

to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal

22 Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive
23 actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers,
24 agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
25 with Defendant or with anyone described in (a).
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II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is

28 permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (the
FINAL JUDGMENT AS TO JAMES S. WARD

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CASE NO. 11-CV-1356 WHA

1 “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or
2 instruments of transportation or communication in interstate commerce or by use of the mails,
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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 material fact or any

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omission of a material fact necessary in order to make the statements made, in light of

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the circumstances under which they were made, not misleading; or

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(c)

would operate as a fraud or deceit upon the purchaser.

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to engage in any transaction, practice, or course of business which operates or

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal

11 Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive
12 actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers,
13 agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
14 with Defendant or with anyone described in (a).
III.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is

17 permanently restrained and enjoined from violating Sections 206(1) and (2) of the Investment
18 Advisers Act of 1940 (the “Advisers Act”) [15 U.S.C. §§ 80b-6(1) and (2)], as an investment adviser,
19 by use of the mails or any means or instrumentality of interstate commerce, directly or indirectly:
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(a)

to employ any device, scheme, or artifice to defraud any client or prospective client; or

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(b)

to engage in any transaction, practice, or course of business which operates as a fraud

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or deceit upon any client or prospective client.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal

24 Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive
25 actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers,
26 agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
27 with Defendant or with anyone described in (a).
IV.

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FINAL JUDGMENT AS TO JAMES S. WARD

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CASE NO. 11-CV-1356 WHA

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is

2 permanently restrained and enjoined from violating Section 206(4) of the Advisers Act [15 U.S.C. §
3 80b-6(4)] and Rule 206(4)-8 promulgated thereunder [17 C.F.R. § 275.206(4)-8], as an investment
4 adviser to a pooled investment vehicle, by use of the mails or any means or instrumentality of
5 interstate commerce, directly or indirectly:
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(a)

to make any untrue statement of a material fact or to omit to state a material fact

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necessary to make the statements made, in the light of the circumstances under which

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they were made, not misleading, to any investor or prospective investor in the pooled

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investment vehicle; or

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(b)

otherwise to engage in any act, practice, or course of business that is fraudulent,

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deceptive, or manipulative with respect to any investor or prospective investor in the

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pooled investment vehicle.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal

14 Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive
15 actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers,
16 agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
17 with Defendant or with anyone described in (a).
V.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is

20 liable for disgorgement of $2,415,969.98, representing profits gained as a result of the conduct
21 alleged in the Complaint, together with prejudgment interest thereon in the amount of $493,133.75,
22 for a total of $2,909,103.73. These amounts are deemed satisfied based on the entry of an Order of
23 Restitution in United States v. Ward, Crim. No. 11-00393-001 TEH (N.D. Cal. Jan. 4, 2013),
24 ordering Defendant to pay criminal restitution of $8,628,963.44 on a joint and several basis.
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FINAL JUDGMENT AS TO JAMES S. WARD

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CASE NO. 11-CV-1356 WHA

VI.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a civil monetary penalty

3 shall not be imposed based on the 60-month prison sentence imposed on Defendant following his
4 conviction in United States v. Ward, Crim. No. 11-00393-001 TEH (N.D. Cal.).
VII.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is

7 incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall
8 comply with all of the undertakings and agreements set forth therein.
VIII.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, for purposes of

11 exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. § 523, the
12 allegations in the complaint are true and admitted by Defendant, and further, any debt for
13 disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this Final
14 Judgment or any other judgment, order, consent order, decree or settlement agreement entered in
15 connection with this proceeding, is a debt for the violation by Defendant of the federal securities laws
16 or any regulation or order issued under such laws, as set forth in Section 523(a)(19) of the
17 Bankruptcy Code, 11 U.S.C. § 523(a)(19).
IX.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain

20 jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment for 90 days.
X.

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There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil

23 Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice.
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26 Dated: April 12

, 2016
UNITED STATES DISTRICT JUDGE

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FINAL JUDGMENT AS TO JAMES S. WARD

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CASE NO. 11-CV-1356 WHA