Securities And Exchange Commission v. Hanold

Filing 4

MOTION by Plaintiff Securities And Exchange Commission for judgment Against Defendant M. Jason Hanold (Attachments: # 1 Exhibit Proposed Final Judgment, # 2 Exhibit Consent of Defendant M. Jason Hanold)(O'Keefe, James)

EXHIBIT 1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
M. JASON HANOLD,
Defendant.

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Civil Action No. 11-CV-07148
Honorable Ronald A. Guzman

[PROPOSED] FINAL JUDGMENT AS TO DEFENDANT M. JASON HANOLD
The Securities and Exchange Commission having filed a Complaint and Defendant M.
Jason Hanold 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.

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)

employing any device, scheme, or artifice to defraud;

(b)

making 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)

engaging in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.

II.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable
for disgorgement of $10,241, representing profits gained as a result of the conduct alleged in the
Complaint, together with prejudgment interest thereon in the amount of $284, for a total of
$10,525. Defendant is also liable for a civil penalty in the amount of $10,241 pursuant to 15
U.S.C. § 78u-1. Defendant shall satisfy this obligation by paying $20,766 within seven days of
entry of this Final Judgment by certified check, bank cashier's check, or United States postal
money order payable to the Securities and Exchange Commission. The payment shall be
delivered or mailed to the Office of Financial Management, Securities and Exchange
Commission, Operations Center, 6432 General Green Way, Mail Stop 0-3, Alexandria, Virginia
22312, and shall be accompanied by a letter identifying M. Jason Hanold as a defendant in this
action; setting forth the title and civil action number of this action and the name of this Court;
and specifying that payment is made pursuant to this Final Judgment. Defendant shall pay postjudgment interest on any delinquent amounts pursuant to 28 USC § 1961. The Commission shall

remit the funds paid pursuant to this paragraph to the United States Treasury.

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.

Dated: _____, 2011

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UNITED STATES DISTRICT JUDGE