United States Securities and Exchange Commission v. Carter

Filing 43

MOTION by Plaintiff United States Securities and Exchange Commission for judgment by consent against Defendant Richard Dean Carter (Attachments: # 1 Exhibit)(Phillips, Eric)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
__________________________________________
)
)
)
)
Plaintiff,
)
)
v.
)
)
RICHARD DEAN CARTER,
)
)
Defendant.
)
__________________________________________ )
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,

Civil Action No. 10-6145

Hon. Robert W. Gettleman

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AGAINST DEFENDANT
RICHARD DEAN CARTER
Plaintiff United States Securities and Exchange Commission (“SEC”) respectfully moves
this Court for entry of judgment, by consent, against Defendant Richard Dean Carter (“Carter”).
In support of this motion, the SEC states:
1.

On September 24, 2010, the SEC filed this action against Carter, alleging that he

violated Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 10(b)5 thereunder.
2.

The SEC is attaching to this motion a consent signed by Carter, whereby Carter

agrees to entry of a Judgment permanently enjoining Carter from violating Section 10(b) of the
Exchange Act and Rule 10(b)-5 thereunder, barring Carter from acting as an officer or director of
a public company, and barring Carter from participating in an offering of a penny stock. The
Judgment also provides that upon motion of the SEC, the Court shall determine whether it is
appropriate to order a civil penalty against Carter, and, if so, the amount of the civil penalty.

3.

The SEC also is attaching to this motion the proposed Judgment to which Carter

has consented. The SEC respectfully requests that the Court enter the proposed Judgment and
award the relief requested therein. If the Court enters the proposed Judgment, this case will be
resolved, except for the issue of any civil penalty against Carter.
WHEREFORE, the SEC respectfully requests that this Court: (i) grant this motion in its
entirety; (ii) enter the proposed Judgment attached hereto; and (iii) grant any other relief this
Court deems appropriate.

Dated: April 5, 2012

Respectfully submitted,
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION
/s/ Eric M. Phillips
____________________________________
By:
One of its Attorneys

Michael D. Wells (IL Bar No. 6276155)
Eric M. Phillips (IL Bar No. 6237871)
United States Securities and Exchange Commission
175 West Jackson Boulevard
Ninth Floor
Chicago, Illinois 60604
Telephone: [phone]
Facsimile: [phone]

2

CERTIFICATE OF SERVICE
I, Michael Wells, hereby certify that, on April 5, 2012, I caused a copy of the foregoing
Agreed Motion for Entry of a Consent Judgment Against Defendant Richard Dean Carter
to be served upon the following counsel by the Court’s CM/ECF system:
Peter Berman ([e-mail])
Peter J. Berman, Ltd.
Willoughby Tower
8 S. Michigan Ave., Ste 3200
Chicago, Illinois 60603-3320
Telephone: [phone]
Facsimile: [phone]

/s/ Eric M. Phillips