Securities and Exchange Commission v. Prime Star Group, Inc. et al
Filing
81
FINAL JUDGMENT Granting 79 MOTION to Set a Civil Penalty in the Amount of $113,866.00 Against Defendant Kevin Carson. Signed by Judge Andrew P. Gordon on 5/19/14. (Copies have been distributed pursuant to the NEF - MMM)
Russell Koonin
Attorney for Plaintiff
801 Brickell Avenue, Suite 1800
Miami, Florida 33131
Direct Dial: (305) 982-6385
Facsimile: (305) 536-4154
E-mail: kooninr@sec.gov
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
CASE NO.: 2:12-CV-00371-APG-GWF
SECURITIES AND EXCHANGE
COMMISSION,
:
: Case No. 2:12-cv-371-APG-GWF
:
:
Plaintiff,
:
JUDGMENT
:
v.
:
:
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 KEVIN CARSON
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 Kevin Carson. (D.E. 79).
This Court previously entered an Order and Judgment including an injunction, a
disgorgement and civil penalty against Carson. (D.E. 70). The Order provides the Court
shall determine the amount of civil money penalty Carson 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, Carson is liable for a civil penalty in the amount of
$113,866.00
The total amount, $113,866.00, shall be due and payable within ten days of entry
of the Final Judgment.
Carson 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. Carson 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
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and shall be accompanied by a letter identifying the case title, civil action number, and
name of this Court; Carson as a defendant in this action; and specifying that payment is
made pursuant to this Final Judgment.
Carson shall simultaneously transmit photocopies of such payment and letter to
Russell Koonin, Esq., U.S. Securities and Exchange Commission, 801 Brickell Avenue,
Suite 1800, Miami, FL 33131. Carson 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.
Carson 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 Carson 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. Carson 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 Carson 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 ____day of
19th day of
May
_____________, 2014.
__________________________________
HON. ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
Copies to counsel and parties of record
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