Securities and Exchange Commission v. Fleming et al

Filing 106

MOTION by Plaintiff U.S. Securities and Exchange Commission for judgment by Consent (Unopposed) (Attachments: # 1 Exhibit (Consent and Proposed Judgment))(Hayes, Daniel)

Case: 1:17-cv-07049 Document #: 106 Filed: 01/19/23 Page 1 of 4 PageID #:484

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
SHANE P. FLEMING, BRET J.
BESHEY, CHRISTOPHER M.
BONVISSUTO, PETER A. KOURTIS,
ALEXANDER T. CARLUCCI,
DIMITRI A. KANDALEPAS, AUSTIN
C. MANSUR, and ERIC L. WELLER,

17-CV-7049
Judge Manish S. Shah

Defendants.
UNOPPOSED MOTION ENTRY OF FINAL JUDGMENT AGAINST
DEFENDANT WELLER PURSUANT TO CONSENT
Plaintiff Securities and Exchange Commission (“SEC”) respectfully moves
this Court for entry of final judgment, pursuant to a settlement, against Defendant
Eric Weller.
In support of this motion, the SEC states as follows:
1.

On September 29, 2017, the SEC filed a complaint alleging that

Weller, along with seven other defendants, violated Section 10(b) of the Securities
Exchange Act of 1934 (“Exchange Act”), and Rule 10b-5 promulgated thereunder, by
engaging in insider trading in the securities of Life Time Fitness, Inc. (“Life Time”).
(Dkt. No. 1.)
2.

Weller has consented to settle the SEC’s claim, in accordance with the

terms of the Consent attached hereto as Exhibit A.

Case: 1:17-cv-07049 Document #: 106 Filed: 01/19/23 Page 2 of 4 PageID #:485

3.

Specifically, Weller has agreed to the entry of a final judgment that:
a.

permanently enjoins him from engaging in future violations of
Section 10(b) of the Exchange Act and Rule 10b-5 thereunder;
and

b.

orders him to pay disgorgement of $536,167, together with
prejudgment interest thereon in the amount of $51,583, for a
total judgment of $587,750; and orders that $536,167 of that
amount is deemed satisfied by the $536,167 order of forfeiture
entered against him in United States v. Bret Beshey, et al., Crim.
No. 17-643 (N.D. Ill.).

4.

The proposed judgment is appended to Weller’s Consent (Ex. A).

5.

The Final Judgment, if approved and entered by the Court, will fully

and finally resolve the SEC’s claim in this action against Defendant Weller.1
WHEREFORE, plaintiff Securities and Exchange Commission respectfully
requests that the Court grant the relief requested in this motion.

1

Final judgments were previously entered against Defendants Shane P. Fleming (Dkt. 48)
and Austin C. Mansur (id. 59). Partial (or bifurcated) judgments were previously entered
against the five remaining Defendants – Bret J. Beshey (id. 63), Christopher M. Bonvissuto
(id. 49), Peter A. Kourtis (id. 42), Alexander T. Carlucci (id. 41), and Dimitri A. Kandalepas
(id. 50). The SEC is in the process of negotiating final settlements with the remaining
Defendants and has sent proposed settlement papers to them or their counsel for review.

2

Case: 1:17-cv-07049 Document #: 106 Filed: 01/19/23 Page 3 of 4 PageID #:486

Respectfully submitted,

Dated: January 19, 2023

By: s/Daniel J. Hayes
Daniel J. Hayes
Andrew McFall
U.S. SECURITIES AND EXCHANGE
COMMISSION
175 West Jackson Blvd., Suite 1450
Chicago, IL 60604
Phone: [phone]
Facsimile: [phone]

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Case: 1:17-cv-07049 Document #: 106 Filed: 01/19/23 Page 4 of 4 PageID #:487

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed with the
Court’s ECF/CM system on: January 19, 2023, which will automatically cause a
copy of the document to be electronically served on all counsel of record.
A copy of the filing also was sent on the same date to Bret Beshey via email
to: Bret Beshey at [e-mail], and via U.S. mail, properly
addressed and postage prepaid, to: Bret Beshey, 8778 W. Cory Lane, Boise, ID
83704.

s/Daniel J. Hayes

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