Securities And Exchange Commission v. One or More Unknown Purchasers of Call Options for the Common Stock of TXU Corp.

Filing 108

MOTION by Plaintiff Securities And Exchange Commission for judgment to Enter Agreed Final Judgments Against Defendants Sunil Sehgal, Seema Sehgal and Hafiz Naseem. (Attachments: # 1 Exhibit A Sunil Sehgal Consent, # 2 Exhibit B Seema Sehgal Consent, # 3 Exhibit C Hafiz Naseem Consent, # 4 Text of Proposed Order as to Sunil Sehgal, # 5 Text of Proposed Order as to Seema Sehgal, # 6 Text of Proposed Order as to Hafiz Naseem)(Brandt, Jennifer)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION (CHICAGO) ________________________________________________ : SECURITIES AND EXCHANGE COMMISSION, : : Plaintiff, : : vs. : Civil Action No. 1:07cv1208 : ECF ONE OR MORE UNKNOWN PURCHASERS OF : Judge Lindberg CALL OPTIONS FOR THE COMMON STOCK OF : TXU CORP., et al., : : Defendants. : ________________________________________________: AGREED MOTION TO ENTER AGREED FINAL JUDGMENTS AGAINST DEFENDANTS SUNIL SEHGAL, SEEMA SEHGAL, AND HAFIZ NASEEM Plaintiff Securities and Exchange Commission ("Commission") files this Agreed Motion to Enter Agreed Final Judgments Against Defendants Sunil Sehgal and Seema Sehgal (together, the "Sehgal Defendants"), and Hafiz Naseem, and respectfully shows the Court as follows: 1. The Commission has engaged in settlement discussions with the Sehgal

Defendants and with Hafiz Naseem (collectively, "Defendants"), resulting in the presentation of offers of settlement to the Commission, which the Commission accepted. Defendants' settlement offers are contained in their signed Consents, which the Commission is filing simultaneously with this agreed motion. True and correct copies of the Consents are attached as Exhibits A, B, and C to this motion. 2. Under the terms of the settlement agreements, Defendants have consented to the

entry of final judgments that permanently restrain and enjoin them from violating, directly or indirectly, certain of the federal securities laws.

3.

As a term of their Consents, Defendants have agreed that the Commission could

present the Agreed Judgments to the Court without further notice. However, counsel for the Commission has conferred with counsel for each of the Defendants and represents to the Court that this motion is unopposed. The proposed Agreed Final Judgments are attached to this motion. 4. The proposed Agreed Final Judgments provide that the Defendants will remit all

payments due per the terms of the Judgment to the registry of this Court. Once the funds are received, the Commission will move the Court to appoint a distribution agent to oversee the distribution of the funds to the harmed investors. 5. Accordingly, the Commission respectfully requests that the Court enter the

proposed Agreed Final Judgments. DATED: January 12, 2009 Respectfully submitted,

/s/Jennifer D. Brandt JENNIFER D. BRANDT Texas Bar No. 00796242 J. KEVIN EDMUNDSON Texas Bar No. 24044020 STEPHEN J. KOROTASH Oklahoma Bar No. 5102 DAVID B. REECE Texas Bar No. 24002810 Securities and Exchange Commission Fort Worth District Office 801 Cherry Street, 19th Floor Fort Worth, TX 76102-6882 [phone] (jb) [phone] (fax) Local Counsel:
SEC v. One or More Unknown Purchasers of Call Options For the Common Stock of TXU Corp., et al. AGREED MOTION TO ENTER AGREED FINAL JUDGMENTS Page 2

Steven J. Levine Securities and Exchange Commission 175 West Jackson Street, Suite 900 Chicago, IL 60604-2601 [phone]

SEC v. One or More Unknown Purchasers of Call Options For the Common Stock of TXU Corp., et al. AGREED MOTION TO ENTER AGREED FINAL JUDGMENTS

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CERTIFICATE OF SERVICE I hereby certify that on the 12th day of January 2009, I electronically filed the foregoing Agreed Motion to Enter Agreed Final Judgments Against Defendants Sunil Sehgal, Seema Sehgal and Hafiz Naseem and Notice of Presentment with the Clerk of the Court for the Northern District of Illinois, Eastern Division, by using the CM/ECF system which will send a notice of electronic filing to the CM/ECF participants, and also served the Motion and Notice on all known adverse parties by causing a true and correct copy thereof to be delivered to each of them in the manner indicated below: Spencer C. Barasch, Esq. Andrews Kurth LLP 1717 Main Street, Suite 3700 Dallas, TX 75201 Counsel for Defendant Rahim Via Federal Express Jeffrey Bailey, Esq. Bose McKinney & Evans, LLP 2700 First Indiana Plaza 135 North Pennsylvania Street Indianapolis, IN 46204 Counsel for the Sehgal Defendants Via Federal Express Francisco Javier Garcia c/o Swiss Federal Banking Commission Schwanengasse 12 P.O. Box CH-3001 Berne Switzerland Via Federal Express /s/Jennifer D. Brandt Jennifer D. Brandt Michael Bachner, Esq. Bachner & Herskovits, P.C. 26 Broadway, Ste. 2310 New York, NY 10004 Counsel for Defendant Naseem Via Federal Express Marcos Montero, Pro Se Moosgaessli 1 CH-8835 Feusisberg Switzerland Via E-mail, [e-mail]

SEC v. One or More Unknown Purchasers of Call Options For the Common Stock of TXU Corp., et al. AGREED MOTION TO ENTER AGREED FINAL JUDGMENTS

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