United States Securities and Exchange Commission v. Delphi Corporation et al

Filing 380

Final JUDGMENT as to Defendant J.T. Battenberg, III. Judgment in the amount of $ 215,000.00. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,
Plaintiff,
v.

Case No. 06-14891
HONORABLE AVERN COHN

J.T. BATTENBERG, III,
Defendant.
______________________________________/
FINAL JUDGMENT AS TO DEFENDANT J.T. BATTENBERG, III
Pursuant to Rule 58 of the Federal Rules of Civil Procedure and the jury verdict
of January 13, 2011, Final Judgment is entered for Plaintiff Securities and Exchange
Commission ("SEC") on its claims against defendant J.T. Battenberg III for knowingly
and unreasonably falsifying the books, records or accounts of Delphi Corporation
("Delphi"), and making or causing to be made a materially false or misleading statement
or omission to an accountant in connection with an audit, review or examination of
Delphi's financial statements in connection with the September 2000 settlement
between Delphi and the General Motors Corporation, which was falsely reported to the
public in Delphi's Form 10-Q for the third quarter of 2000, in Delphi's Form 10-K for
2000, and through other public communications.
Having considered the submissions of the parties, as well as the record of these
proceedings, and as further explained in the Memorandum Regarding Final Judgment

entered this date:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that J.T. Battenberg III
violated Section 13(b)(5) of the Securities Exchange Act of 1934, Rule 13b2-1
promulgated under the Securities Exchange Act of 1934, and Rule 13b2-2 promulgated
under the Securities Exchange Act of 1934.
II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that J.T. Battenberg
III is liable for disgorgement in the amount of $198,500.00, which represents the profits
J.T. Battenberg gained as a result of the conduct for which he was found liable by the
jury.
J.T. Battenberg III shall pay post-judgment interest on any delinquent amounts
paid more than thirty (30) days after entry of this Final Judgment, pursuant to 28 U.S.C.
§ 1961.
III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that J.T. Battenberg
III shall pay a monetary penalty in the amount of $16,500.00 pursuant to Section 12(d)
of the Securities Exchange Act of 1934. J.T. Battenberg III shall pay post-judgment
interest on any delinquent amounts paid more than thirty (30) days after entry of this
Final Judgment, pursuant to 28 U.S.C. § 1961.
IV.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that J.T. Battenberg
III shall satisfy his obligation to pay disgorgement and the monetary penalty amount
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within thirty (30) days after 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 Office of Financial
Management, Securities and Exchange Commission, 100 F Street, N.E., Stop 6042,
Washington DC 20549, and shall be accompanied by a letter identifying J.T. Battenberg
III 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. The Commission shall remit the funds paid pursuant to this paragraph
to the United States Treasury.
V.
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.
VI.
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: October 31, 2011

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, October 31, 2011, by electronic and/or ordinary mail.

S/Julie Owens
Case Manager, [phone]
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