v. Jindra et al

Filing 119

MEMORANDUM AND ORDER granting the Plaintiff's 114 Motion for Judgment by consent. The Plaintiff's unopposed 115 Motion to Dismiss Party is granted. The Plaintiff's claims against defendant Envision Financial Group, Inc. and En vision Investment Advisors (LLC) are dismissed. Defendant Jindras Consent (Filing No. 114 , Attachment 1) is incorporated herein as if fully set forth. Defendant Jindra is liable for disgorgement of $484,235.52, representing profits gain ed as a result of the conduct alleged in the Complaint, which is deemed satisfied by the order of restitution in United States v. Jindra, No. 8:10CR43, Filing No. 101. By agreement of the parties, no civil penalty is imposed in this case. This co urts order for preliminary injunction, asset freeze, and other equitable relief (Filing No. 16 ) is hereby dissolved. Any frozen funds held in bank accounts as a result of the Temporary Restraining Order and Order of Preliminary Injunction (Fili ng No. 16 ) shall be applied to defendant Jindras criminal restitution order in United States v. Jindra, No. 8:10CR43. A Final Judgment and Injunction in accordance with Memorandum and Order and defendant Jindras Consent (Filing No. 114, Attachment 1) will issue this date. This court retains jurisdiction over this matter for the purpose of enforcing the terms of the Final Judgment and Injunction. Ordered by Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SECURITIES AND EXCHANGE
COMMISSION,
8:09CV216
Plaintiff,
vs.

MEMORANDUM AND ORDER

RYAN M. JINDRA, ENVISION
INVESTMENT ADVISORS, LLC; and
ENVISION FINANCIAL GROUP, INC.,
Defendants.

This matter is before the court on the unopposed motion to dismiss defendants
Envision Investment Advisors, LLC, and Envision Financial Group, Inc., filed by the
plaintiff Securities and Exchange Commission (“the SEC”), Filing No. 115, and the
SEC’s motion for judgment by consent as to defendant Ryan M. Jindra, Filing No. 114.
The SEC has shown that the defendant entities are defunct and that defendant Ryan M.
Jindra has consented to the entry of judgment in substantially the form as that attached
to his consent. Filing No. 114, Attachment 1, Consent at 1 (Doc # 114-1, Page ID #
548); Proposed Final Judgment (Doc # 114-1, Page ID # 553-56).
Defendant Jindra consents to the entry of a judgment that permanently restrains
and enjoins him from violating Section 10(b) of the Securities Exchange Act of 1934
(“Exchange Act”) [15 U.S.C. § 78j(b)], and Rule 10b-5 [17 C.F.R. § 240.10b-5]
thereunder; Sections 206(1) and 206(2) of the Investment Advisers Act of 1940
(“Advisers Act”) [15 U .S.C. § 80b-6(1) and 80b-6(2)]; Section 206(4) of the Advisers Act
[15 U.S.C. § 80b-6(4)] and Rules 206(4)-4 and 206(4)-7 thereunder [17 C.F.R.
§§ 275.206(4)-4 and 275.206(4)-7]; and Section 204 of the Advisers Act [15 U.S.C.

§ 80b-4] and Rule 204-2(a)(7)(B) thereunder [17 C.F.R. § 275.204-2(a)(7)(B)]. Filing
No. 114, Attachment 1, Consent at 1. Defendant further agrees to an order finding him
liable to pay disgorgement of $484,235.52 which is deemed satisfied by the order of
restitution in the Judgment entered on April 27, 2012 in the related criminal case, United
States v. Jindra, No. 8:10CR43, Filing No. 101, Judgment in a Criminal Case. See id. at
2. Also, the defendant agrees that no civil penalty under Exchange Act Section 21(d)(3)
[15 U.S.C. § 78u(d)(3)] and Advisers Act Section 209(e) [15 U.S.C. § 80b-9(e)] will be
ordered in light of the criminal sanctions ordered by the court in the related criminal
case. Id.
The court is advised that the parties have also agreed to the disposition of certain
funds frozen and held in bank accounts as a result of the Temporary Restraining Order
and Order of Preliminary Injunction, Filing No. 16. See Filing No. 118, text entry. The
parties agree that the remaining funds will be applied to defendant Jindra’s criminal
restitution order in United States v. Jindra, No. 8:10CR43, Filing No. 101. The court
finds the motion for judgment by consent should be granted.
IT IS ORDERED:
1.

The plaintiff’s unopposed motion to dismiss (Filing No. 115) is granted.

2.

The plaintiff’s claims against defendants Envision Investment Advisors,

LLC, and Envision Financial Group, Inc., are dismissed.
3.

The plaintiff’s motion for judgment by consent (Filing No. 114) is granted.

4.

Defendant Jindra’s Consent (Filing No. 114, Attachment 1) is incorporated

herein as if fully set forth.

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5.

Defendant Jindra is liable for disgorgement of $484,235.52, representing

profits gained as a result of the conduct alleged in the Complaint, which is deemed
satisfied by the order of restitution in United States v. Jindra, No. 8:10CR43, Filing No.
101.
6.

By agreement of the parties, no civil penalty is imposed in this case.

7.

This court’s order for preliminary injunction, asset freeze, and other

equitable relief (Filing No. 16) is hereby dissolved.
8.

Any frozen funds held in bank accounts as a result of the Temporary

Restraining Order and Order of Preliminary Injunction (Filing No. 16) shall be applied to
defendant Jindra’s criminal restitution order in United States v. Jindra, No. 8:10CR43.
9.

A Final Judgment and Injunction in accordance with Memorandum and

Order and defendant Jindra’s Consent (Filing No. 114, Attachment 1) will issue this
date.
10.

This court retains jurisdiction over this matter for the purpose of enforcing

the terms of the Final Judgment and Injunction.
Dated this 25th day of September, 2012.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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