Securities and Exchange Commission v. Prime Star Group, Inc. et al
Filing
75
FINAL JUDGMENT and Order Granting 52 Plaintiff's Motion to Set a Civil Penalty Against Defendant Danny Colon and in favor of Securities and Exchange Commission in the amount of $290,249.88; and for $210,379.01 of which amount he is liable on a joint and several basis with defendant Marysol Morera, and for $79,870.87 of which amount he is liable on a joint and several basis with defendant DC International Consulting LLC. Signed by Judge Andrew P. Gordon on 5/15/13. (Copies have been distributed pursuant to the NEF - EDS)
Christine Nestor
Attorney for Plaintiff
801 Brickell Avenue, Suite 1800
Miami, Florida 33131
Direct Dial: (305) 982-6367
Facsimile: (305) 536-4154
E-mail: nestorc@sec.gov
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
SECURITIES AND EXCHANGE
COMMISSION,
:
: CASE NO.: 2:12-cv-00371-APG-GWF
:
Plaintiff,
:
: FINAL JUDGMENT
v.
: (as to Danny Colon)
:
PRIME STAR GROUP, INC., ROGER
:
MOHLMAN, DANNY COLON,
:
MARYSOL MORERA, FELIX RIVERA, :
DC INTERNATIONAL CONSULTING
:
LLC, KEVIN CARSON, ESPER
:
GULLATT, JR., THE STONE
:
FINANCIAL GROUP, INC. and JOSHUA :
KONIGSBERG,
:
:
Defendants.
:
__________________________________ :
FINAL JUDGMENT AND ORDER GRANTING PLAINTIFF’S MOTION
TO SET A CIVIL PENALTY AGAINST DEFENDANT DANNY COLON
THIS MATTER is before the Court on Plaintiff Securities and Exchange
Commission’s Motion and Memorandum of Law For a Final Judgment Setting Civil
Penalty Amounts Against Defendant Danny Colon and others. (D.E. 52). No Opposition
to the Motion has been filed.
This Court previously entered an Order and Judgment including an injunction, a
penny stock bar, civil penalty, and other relief against Colon. (D.E. 47).
The Order
provides the Court shall determine the amount of civil money penalty Colon shall pay,
upon the Commission’s motion, pursuant to Section 20(d) of the Securities Act of 1933
(“Securities Act”), 15 U.S.C. § 77t(d).
UPON CONSIDERATION of the Commission’s Motion and being otherwise
fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion is
GRANTED.
CIVIL PENALTY
IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to Section
20(d) of the Securities Act, Colon is liable for a civil penalty in the amount of
$290,249.88; and for $210,379.01 of which amount he is liable on a joint and several
basis with defendant Marysol Morera, and for $79,870.87 of which amount he is liable on
a joint and several basis with defendant DC International Consulting LLC.
The total amount, $290,249.88, shall be due and payable within ten days of entry
of the Final Judgment.
Colon may transmit payment electronically to the Commission, which will
provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be
made directly from a bank account via Pay.gov through the SEC website at
http://www.sec.gov/about/offices/ofm.htm. Colon may also pay by certified check, bank
cashier’s check, or United States postal money order payable to the Securities and
Exchange Commission, which shall be delivered or mailed to:
Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
2
and shall be accompanied by a letter identifying the case title, civil action number, and
name of this Court; Colon as a defendant in this action; and specifying that payment is
made pursuant to this Final Judgment.
Colon shall simultaneously transmit photocopies of such payment and letter to
Christine Nestor, Esq., U.S. Securities and Exchange Commission, 801 Brickell Avenue,
Suite 1800, Miami, FL 33131. Colon shall pay post-judgment interest on any delinquent
amounts pursuant to 28 U.S.C. § 1961. The Commission shall remit the funds paid
pursuant to this paragraph to the United States Treasury.
Colon shall not seek or accept, directly or indirectly, reimbursement or
indemnification from any source, including but not limited to payment made pursuant to
any insurance policy, with regard to any civil penalty amounts that Colon pays pursuant
to the Final Judgment, regardless of whether such penalty amounts or any part thereof are
added to a distribution fund or otherwise used for the benefit of investors. Colon further
shall not claim, assert, or apply for a tax deduction or tax credit with regard to any
federal, state, or local tax for any penalty amounts that Colon pays pursuant to the Final
Judgment, regardless of whether such penalty amounts or any part thereof are added to a
distribution fund or otherwise used for the benefit of investors.
DONE AND ORDERED in Chambers at Las Vegas, Nevada, this 15th day of
May, 2013.
__________________________________
HONORABLE ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
Copies to counsel and parties of record
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