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 : ONE OR MORE UNKNOWN PURCHASERS OF : Judge Lindberg CALL OPTIONS FOR THE COMMON STOCK OF : TXU CORP., et al., : : Defendants. : ________________________________________________: AGREED FINAL JUDGMENT AS TO HAFIZ NASEEM The Securities and Exchange Commission filed a Complaint, and Defendant Hafiz Naseem ("Defendant"): entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Agreed Final Judgment ("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. Therefore: I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's 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 Rule 10b-5 promulgated thereunder [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) (b) to employ any device, scheme, or artifice to defraud; 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. II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that, in light of Defendant's criminal conviction and the Order of Forfeiture dated June 6, 2008, in the related criminal matter styled United States v. Hafiz Muhammad Zubair Naseem, Case No. 1:07-cr0610, in the United States District Court for the Southern District of New York, the Commission is waiving its claims for disgorgement and prejudgment interest and the imposition of civil monetary penalties, and therefore, those claims are DISMISSED. 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 Defendant 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.

AGREED FINAL JUDGMENT AS TO HAFIZ NASEEM SEC v. One or More Unknown Purchasers of Call Options for the Common Stock of TXU Corp., et al.

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V. 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 this _______ day of ______, 2008.

____________________________________ UNITED STATES DISTRICT JUDGE

AGREED FINAL JUDGMENT AS TO HAFIZ NASEEM SEC v. One or More Unknown Purchasers of Call Options for the Common Stock of TXU Corp., et al.

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Agreed as to form:

/s/Michael Bachner Michael Bachner, Esq. Bachner & Associates, PC 26 Broadway, Suite 2310 New York, NY 10004 Ph: 212-344-7778 Fax: [phone] [e-mail] ATTORNEY FOR DEFENDANT HAFIZ NASEEM

/s/Jennifer D. Brandt Jennifer D. Brandt U.S. Securities and Exchange Commission 801 Cherry Street, Suite 1900 Fort Worth, TX 76102 Ph: 817-978-6442 Fax: [phone] [e-mail] ATTORNEY FOR PLAINTIFF

AGREED FINAL JUDGMENT AS TO HAFIZ NASEEM SEC v. One or More Unknown Purchasers of Call Options for the Common Stock of TXU Corp., et al.

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