United States Securities and Exchange Commission v. Fisher et al

Filing 81

MOTION by Plaintiff United States Securities and Exchange Commission for judgment as to Defendant Thomas Fisher (Agreed) (Attachments: # 1 Exhibit 1-Consent and Final Judgment)(Goldman, Frank)

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. THOMAS FISHER, KATHLEEN HALLORAN AND GEORGE BEHRENS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 07 C 4483 Hon. James B. Zagel Magistrate Judge Maria Valdez

AGREED MOTION FOR ENTRY OF FINAL JUDGMENT AS TO DEFENDANT THOMAS FISHER Plaintiff United States Securities and Exchange Commission ("SEC"), pursuant to the Consent of Defendant Thomas Fisher, attached as Exhibit 1 hereto, respectfully moves this Court for the entry of final judgment as to Thomas Fisher ("Fisher"). In support of this Motion, the SEC states as follows: 1. The Commission initiated this action against Defendants Fisher, Kathleen

Halloran, and George Behrens (collectively, "Defendants") on August 9, 2007 and filed an Amended Complaint on February 25, 2008. 2. The Amended Complaint asserts four counts against Fisher. Counts I and II

allege violations of Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. § 78j(b)] and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5], and Section 17(a)(1) of the Securities Act of 1933 ("Securities Act") [15 U.S.C. § 77q(a)(1)], respectively. Count III alleges violations of Sections 17(a)(2) and 17(a)(3) of the Securities Act [15 U.S.C. §§

77q(a)(2) and 77q(a)(3)]. Count IV alleges that Defendants aided and abetted Nicor's violations of Section 13(a) of the Exchange Act [15 U.S.C. § 78m(a)] and Rules 12b-20, 13a-1 and 13a-13 thereunder [17 C.F.R. §§ 240.12b-20, 240.13a-1, and 240.13a-13]. 3. As the SEC previously reported to the Court at the status hearing on May 15,

2010, the SEC and Fisher have reached a settlement agreement pursuant to which Fisher has consented to the entry of an order of final judgment in the form attached to Exhibit 1, permanently enjoining him from violations of Section 17(a)(2) and 17(a)(3) of the Securities Act and from aiding and abetting violations of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 promulgated thereunder, and ordering him to pay disgorgement in the amount of $522,725, plus prejudgment interest thereon in the amount of $302,275. WHEREAS, plaintiff SEC respectfully requests that the Court enter final judgment as to Fisher in the form attached to Exhibit 1.

Dated: July 22, 2010

Respectfully submitted, s/Frank D. Goldman Gregory P. von Schaumburg Andrea R. Wood Frank D. Goldman Attorneys for Plaintiff U.S. SECURITIES & EXCHANGE COMMISSION 175 W. Jackson Blvd., Suite 900 Chicago, IL 60604 Telephone: [phone] Facsimile: [phone]

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CERTIFICATE OF SERVICE I, Frank D. Goldman, hereby certify that, on July 22, 2010, I caused a copy of the foregoing Agreed Motion for Entry of Final Judgment as to Defendant Fisher to be served upon the following counsel by the Court's CM/ECF system: Daniel E. Reidy ([e-mail]) James C. Dunlop ([e-mail]) Melissa B. Hirst ([e-mail]) Adam W. Wiers ([e-mail]) Jones Day 77 West Wacker Drive, Suite 3500 Chicago, Illinois 60601-1692 Telephone: [phone] Fax: [phone] Sarah R. Wolff ([e-mail]) Robin J. Elowe ([e-mail]) Reed Smith LLP 10 South Wacker Drive Chicago, Illinois 60606 Telephone: [phone] Fax: [phone] David J. Stetler ([e-mail]) William P. Ziegelmueller ([e-mail]) Mariah E. Moran ([e-mail]) Stetler & Duffy, Ltd. 11 S. LaSalle St., Suite 1200 Chicago, Illinois 60603 Telephone: [phone] Fax: [phone] Ann C. Tighe ([e-mail]) Terence H. Campbell ([e-mail]) Matthew S. Ryan ([e-mail]) Cotsirilos, Tighe & Streicker, Ltd. 33 North Dearborn Street, Suite 600 Chicago, Illinois 60602 Chicago, IL 60601 Telephone: [phone] Fax: [phone] by the Court's CM/ECF system this 22nd day of July, 2010. s/Frank D. Goldman