Securities and Exchange Commission v. Global Digital Solutions, Inc. et al

Filing 35

FINAL JUDGMENT AS TO DEFENDANT GLOBAL DIGITAL SOLUTIONS, INC;granting 34 Motion for Judgment. Signed by Judge Robin L. Rosenberg on 1/2/2018. (ege)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 16-cv-81413-RLR/JMH SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. GLOBAL DIGITAL SOLUTIONS, INC., et al., Defendants. FINAL JUDGMENT AS TO DEFENDANT GLOBAL DIGITAL SOLUTIONS, INC. The Securities and Exchange Commission having filed a Complaint and Defendant Global Digital Solutions, Inc., having entered a general appearance; consented to the Court’s jurisdiction over Defendant 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. INCORPORATION OF JUDGMENT IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Court’s Judgment as to Defendant entered on March 14, 2017 [D.E. 31] is hereby adopted and incorporated by reference with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. II. DISGORGEMENT, PREJUDGMENT INTEREST AND CIVIL PENALTY IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $50,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $494.36, and a civil penalty in the amount of $50,000 pursuant to Section 20(d) of the Securities Act of 1933, 15 U.S.C. § 77t(d) and Section 21(d)(3) of the Securities Exchange Act of 1934, 15 U.S.C. § 78u(d)(3). Defendant shall satisfy this obligation by paying $100,494.36 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. Defendant may transmit payment electronically to the Commission, which will provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified check, bank cashier’s check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Global Digital Solutions, Inc., as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment. Defendant shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission’s counsel in this action. By making this payment, 2 Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendant. The Commission shall send the funds paid pursuant to this Final Judgment to the United States Treasury. The Commission may enforce the Court’s judgment for disgorgement and prejudgment interest by moving for civil contempt (and/or through other collection procedures authorized by law) at any time after 1 4 days following entry of this Final Judgment. Defendant shall pay post judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. III. INCORPORATION OF CONSENT IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent to Final Judgment is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein. IV. RETENTION OF JURISDICTION 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. DONE AND ORDERED in Chambers, Fort Pierce, Florida, this 2nd day of January, 2018. ____________________________________ Robin L. Rosenberg United States District Judge Copies furnished to all counsel of record. 3 4

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