Securities and Exchange Commission v. Nadel et al

Filing 952

MOTION for miscellaneous relief, specifically for Entry of Final Judgment of Permanent Injunction and Other Relief and Notice of Filing Consent of Defendants Scoop Capital, LLC, and Scoop Management, Inc. by Securities and Exchange Commission. (Attachments: # 1 Consent of Defendants Scoop Capital, LLC, and Scoop Management, Inc., # 2 Text of Proposed Order)(Masel, Scott)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
CASE NO. 8:09-cv-87-T-26TBM
ARTHUR NADEL,
SCOOP CAPITAL, LLC,
SCOOP MANAGEMENT, INC.
Defendants,
SCOOP REAL ESTATE, L.P.,
VALHALLA INVESTMENT PARTNERS, L.P.,
VALHALLA MANAGEMENT, INC.,
VICTORY IRA FUND, LTD,
VICTORY FUND, LTD,
VIKING IRA FUND, LLC,
VIKING FUND, LLC, AND
VIKING MANAGEMENT
Relief Defendants.
/
FINAL JUDGMENT AS TO DEFENDANTS
SCOOP CAPITAL, LLC AND SCOOP MANAGEMENT, INC.
The Securities and Exchange Commission having filed a Complaint and Defendants
Scoop Capital, LLC and Scoop Management, Inc. having entered a general appearance;
consented to the Court’s jurisdiction over each of them and the subject matter of this action;
consented to entry of this Final Judgment without admitting or denying the allegations of the
Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived
any right to appeal from this Final Judgment:

I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Scoop Capital and
Scoop Management and each of their agents, servants, employees, attorneys, and all persons in
active concert or participation with them who receive actual notice of this Final Judgment by
personal service or otherwise are permanently restrained and enjoined from violating, directly or
indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15
U.S.C. § 78j(b)] and Exchange Act Rule 10b-5 [17 C.F.R. § 240.10b-5], by using any means or
instrumentality of interstate commerce, or of the mails, or of any facility of any national
securities exchange, in connection with the purchase or sale of any security:
(a)

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

(b)

to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances
under which they were made, not misleading; or

(c)

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

by, directly or indirectly, (i) creating a false appearance or otherwise deceiving any person, or (ii)
disseminating false or misleading documents, materials, or information or making, either orally
or in writing, any false or misleading statement in any communication with any investor or
prospective investor, about:
(A) any investment strategy or investment in securities,
(B) the prospects for success of any product or company,

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(C) the use of investor funds,
(D) compensation to any person,
(E) Scoop Capital or Scoop Management’s qualifications to advise investors; or
(F) the misappropriation of investor funds or investment proceeds.
II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Scoop Capital and
Scoop Management, and each of their agents, servants, employees, attorneys, and all persons in
active concert or participation with them who receive actual notice of this Final Judgment by
personal service or otherwise are permanently restrained and enjoined from violating Section
17(a) of the Securities Act of 1933 (the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale
of any security by the use of any means or instruments of transportation or communication in
interstate commerce or by use of the mails, directly or indirectly:
(a)

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

(b)

to obtain money or property by means of any untrue statement of a material fact
or any omission of a material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not misleading;
or

(c)

to engage in any transaction, practice, or course of business which operates or
would operate as a fraud or deceit upon the purchaser

by, directly or indirectly, (i) creating a false appearance or otherwise deceiving any person, or (ii)
disseminating false or misleading documents, materials, or information or making, either orally
or in writing, any false or misleading statement in any communication with any investor or
prospective investor, about:

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(A) any investment strategy or investment in securities,
(B) the prospects for success of any product or company,
(C) the use of investor funds,
(D) compensation to any person,
(E) Scoop Capital or Scoop Management’s qualifications to advise investors; or
(F) the misappropriation of investor funds or investment proceeds.
III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is
incorporated herein with the same force and effect as if fully set forth herein, and that Scoop
Capital and Scoop Management shall comply with all of the undertakings and agreements set
forth therein.
IV.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall
retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.
V.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Commission’s
civil penalty and disgorgement claims against Scoop Capital and Scoop Management are
dismissed with prejudice.
VI.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the entry of this
Final Judgment shall not have any impact on the Receiver’s ability to carry out the duties and
responsibilities set forth in the Orders entered in this case appointing and reappointing the
Receiver or expanding the scope of this Receivership.

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VII.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that there being no just
reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is
ordered to enter this Final Judgment forthwith and without further notice.

Dated: __________________, 201__

____________________________________
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
copies to all parties

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