United States Securities and Exchange Commission v. Chin et al

Filing 94

ORDER: The OSC Contempt [Doc. # 59 ] is DISCHARGED as against Richard Touchard;August, Inc.; Newport Stocks, Inc.; RMT Consulting, Inc.; and Touchard Family Trust. The OSC Compliance 2 [Doc. # 72 ] is DISCHARGED as against RichardTouchard. The SEC shall file a status report on or before 7/30/2013, addressing the status of the OSC Contempt [Doc. # 59 ] with respect to Misty Touchard; Prezense, Inc.; Global QX; and Nutripure Beverages, Inc. The SEC shall file a status report on or before 7/30/2013, addressing the status of the OSC Compliance 2 [Doc. # 72 ] with respect to Kenyatto Jones. By Magistrate Judge Boyd N. Boland on 7/16/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-01336-PAB-BNB
UNITED STATES SECURITIES AND EXCHANGE COMMISSION,
Applicant,
v.
RAYMOND Y. CHIN,
KENYATTO MONTEZ JONES,
HENNING D. MORALES,
BENJAMIN J. PORT,
ALAN M. ROTHMAN,
RONALD C. TOUCHARD,
MISTY D. TOUCHARD,
AUGUST, INC.,
DELTA CONSULTING, LLC,
EWORLD COMPANIES, INC.,
GLOBALQX,
KNIGHT CONSULTING CORP.,
MONARCHY CAPITAL, INC.,
NEBROPOLIS CONSULTING, INC.,
NEWPORT HOLDINGS, INC.,
NEWPORT STOCKS, INC.,
NUTRIPURE BEVERAGES, INC.,
PREZENSE, INC.,
RMT CONSULTING, INC.,
SUNRISE CONSULTING GROUP, INC.,
TOUCHARD FAMILY TRUST,
RBID.COM, INC., and
TROY LOWMAN,
Respondents.
______________________________________________________________________________
ORDER
______________________________________________________________________________
On December 27, 2012, the district judge entered an Order [Doc. # 54] making absolute
an Order to Show Cause [Doc. # 7] (the “OSC Compliance 1”) requiring Ronald Touchard,

Misty Touchard, Benjamin J. Port, and Alan M. Rothman to “provide a detailed privilege log of
the documents claimed to be subject to the protections of the Fifth Amendment with respect to
category 3(a)” of certain subpoenas served on them. The Order [Doc. # 54] also required
August, Inc.; Newport Stocks, Inc.; RMT Consulting, Inc.; Touchard Family Trust; RBID.com,
Inc.; Prezense, Inc.; Global QX; and Nutripure Beverages, Inc., to assert any claim for Fifth
Amendment protection of their documents responsive to the subpoenas in a particularized
manner and document-by-document.
Subsequently, the SEC requested and I granted an Order to Show Cause why the
following respondents should not be held in contempt for failure to comply with the Order [Doc.
# 54]: Kenyatto Jones; Ronald Touchard; Misty Touchard; Alan Rothman; August, Inc.;
Newport Stocks, Inc.; RMT Consulting, Inc.; Touchard Family Trust; RBID.com, Inc.; Prezense,
Inc.; Global QX; and Nutripure Beverages, Inc. Order to Show Cause [Doc. # 65] (the “OSC
Contempt”). On May 31, 2013, I granted the Unopposed Motion of RBID and Rothman [Doc. #
85] and discharged the OSC Contempt as against them. Order [Doc. # 85].1 I held a hearing on
the OSC Contempt [Doc. # 65] on June 5, 2013, and discharged it as against Kenyatto Jones.
Recommendation and Order [Doc. # 89] at p. 2. Thus, the OSC Contempt [Doc. # 65] remains
outstanding as against Ronald Touchard; Misty Touchard; August, Inc.; Newport Stocks, Inc.;
RMT Consulting, Inc.; Touchard Family Trust; Prezense, Inc.; Global QX; and Nutripure
Beverages, Inc.

1

The Order [Doc. # 85] indicates that the OSC Compliance 2 [Doc. # 72] was discharged,
but in context it is apparent that Rothman and RBID have complied with the SEC’s subpoenas
and that the OSC Contempt [Doc. # 59] and the OSC Compliance 2 [Doc. # 72] were discharged.
2

The SEC served a second round of subpoenas. On February 15, 2013, the SEC requested
a second order to show cause why Kenyatto Jones, Alan M. Rothman, Ronald C. Touchard, and
Troy Lowman should not be required to respond to the second subpoenas. I entered the
requested Order to Show Cause [Doc. # 72] (the “OSC Compliance 2”) on March 26, 2013. The
OSC Compliance 2 was discharged as against Rothman, Order [Doc. # 85]; made absolute as
against Lowman, Order [Doc. # 91]; and remains pending as against Jones and Ronald Touchard.
Recommendation and Order [Doc. # 89].
I am now informed that Ronald Touchard and his entities have complied with the SEC’s
subpoenas and the OSC Contempt [Doc. # 59] and the OSC Compliance 2 [Doc. # 72] should be
discharged as against them. Status Report [Doc. # 93] at p. 2.
IT IS ORDERED:
(1)

The OSC Contempt [Doc. # 59] is DISCHARGED as against Richard Touchard;

August, Inc.; Newport Stocks, Inc.; RMT Consulting, Inc.; and Touchard Family Trust.
(2)

The OSC Compliance 2 [Doc. # 72] is DISCHARGED as against Richard

Touchard.
(3)

The SEC shall file a status report on or before July 30, 2013, addressing the status

of the OSC Contempt [Doc. # 59] with respect to Misty Touchard; Prezense, Inc.; Global QX;
and Nutripure Beverages, Inc.
(4)

The SEC shall file a status report on or before July 30, 2013, addressing the status

of the OSC Compliance 2 [Doc. # 72] with respect to Kenyatto Jones.

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Dated July 16, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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