Securities and Exchange Commission v. Inteligentry, LTD et al

Filing 509

FINAL JUDGMENT and PERMANENT INJUNCTION as to Corporate Defendants Inteligentry, PlasmERG and PTP. Corporate Defendants Inteligentry, PlasmERG and PTP are jointly and severally liable for disgorgement of $1,822,825, representing profits ga ined as a result of the conduct alleged in the Complaint, together with prejudgment interest in the amount of $136,211.58 for a total of $1,959,036.58. Signed by Judge Richard F. Boulware, II on 7/13/2017. (Copies have been distributed pursuant to the NEF - SLD)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
________________________________________________
:
:
:
Plaintiff,
:
:
v.
:
Case No. 2:13-cv:
00344-RFB-NJK
INTELIGENTRY, LTD., PLASMERG, INC.,
:
PTP LICENSING, LTD. and JOHN P. ROHNER,
:
FINAL JUDGMENT
:
AND
Defendants.
: PERMANENT INJUNCTION
:
_______________________________________________ :
SECURITIES AND EXCHANGE COMMISSION,

FINAL JUDGMENT AS TO CORPORATE DEFENDANTS
INTELIGENTRY, LTD., PLASMERG, INC. AND PTP LICENSING, LTD.
WHEREAS, the Securities and Exchange Commission (“SEC” or “Commission”) filed
the attached Amended Complaint (“Complaint”) against Corporate Defendants Inteligentry, Ltd.
(“Inteligentry”), PlasmERG, Inc. (“PlasmERG”), PTP Licensing, Ltd. (“PTP”) (collectively
“Corporate Defendants”).
WHEREAS, Inteligentry entered a general appearance, consented to the Court’s
jurisdiction over it, admitted the allegations contained in the Complaint, acknowledged that its
conduct violated the federal securities laws, and consented to the entry of this Final Judgment.
WHEREAS, PlasmERG and PTP without admitting or denying the allegations of the
Complaint (except as to jurisdiction which is admitted), waived findings of fact and conclusions
of law, waived any right to appeal from this Final Judgment, and consented to the entry of this
Final Judgment.

I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Corporate
Defendants’ Consent Final Judgment shall be granted.
II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Corporate Defendants Inteligentry, PlasmERG, and PTP are permanently restrained and enjoined
from directly or indirectly participating in the issuance, offer, or sale of any security, including
without limitation securities of Inteligentry, PlasmERG, PTP, or their successor entities, and
securities of entities that promote in any way Corporate Defendants’ past, current, or any future
plasma engines and related technology, such as the plasmic transition process engine, plasma
expansion process, and the electronic control system for a plasma engine.
III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in
Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraphs III through VI also bind the
following who receive actual notice of this Final Judgment by personal service or otherwise: (a)
Corporate Defendants’ officers, agents, servants, employees, and attorneys; and (b) other persons
in active concert or participation with Corporate Defendants or with anyone described in (a).
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Corporate Defendants Inteligentry, PlasmERG, and PTP, shall, within 10 days after entry of this
Final Judgment, post complete and legible copies of the Commission’s Complaint, the Consents of
the Defendants, and this Final Judgment in a conspicuous place on the Home pages of
Inteligentry’s, PlasmERG’s, and PTP’s Web sites, if any, and/or on any other Web sites and social

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media sites that Corporate Defendants (individually or collectively) use, own, maintain and/or
control now or in the future to raise funds for or to sell plasma engines and related technology,
including the sale of licenses for or rights to the plasma engines and related technology.
Complete and legible copies of the Complaint, the Consents of the Corporate Defendants, and
this Final Judgment shall be maintained on such Web sites and social media sites as long as such
sites are active and viewable.
V.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Corporate Defendants Inteligentry, PlasmERG and PTP are jointly and severally liable for
disgorgement of $1,822,825, representing profits gained as a result of the conduct alleged in the
Complaint, together with prejudgment interest thereon in the amount of $136,211.58 for a total
of $1,959,036.58.
Corporate Defendants shall satisfy this obligation by paying the total amount present in
their bank accounts to the Securities and Exchange Commission within 20 days after the entry of
this Final Judgment. As of March 8, 2013 the Corporate Defendants’ accounts were as follows
(Docket No. 120-3):
(a)

an account in the name of Inteligentry Ltd., account number ending in 5390,
balance of $21,316.01;

(b)

an account in the name of PlasmERG Inc., account number ending in 5226,
balance of $2,490.04; and

(c)

an account in the name of PTP Licensing Ltd., account number ending in 5218,
balance of $186,965.79.

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Payment from Corporate Defendants shall be made by transmitting 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. Payment may also be made 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
and shall be accompanied by a letter identifying the case title, civil action number, and name of
this Court; Inteligentry, PlasmERG and PTP’s named as defendants in this action; and specifying
that payment is made pursuant to this Final Judgment. By making this payment, Corporate
Defendants Inteligentry, PlasmERG and PTP relinquish all legal and equitable right, title, and
interest in such funds and no part of the funds shall be returned to the Corporate Defendants.
If Corporate Defendants Inteligentry, PlasmERG and PTP fail to sign all necessary
documents and take all necessary actions to effectuate the foregoing irrevocable transfers within
the period required, the Commission may, at its sole discretion and without prior notice to the
Corporate Defendants, petition the Court for an order requiring Corporate Defendants to pay the
unpaid portion of the disgorgement, pre-judgment and post-judgment interest thereon, and the
maximum civil penalty allowable under the law.
All funds obtained pursuant to this Final Judgment (“Disgorgement Fund”) shall be
retained by the Commission, in the Court’s registry account, or other account utilized by the
receiver or distribution agent, and distributed according to the final, approved, Receiver’s Plan
for Distribution of Disgorged Funds to which the Securities and Exchange Commission concurs.

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The Court shall retain jurisdiction over the administration of any distribution of the
Disgorgement Fund.
VI.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent of
Corporate Defendants Inteligentry, Ltd., PlasmERG, Inc., and PTP Licensing, Ltd. is
incorporated herein with the same force and effect as if fully set forth herein, and that Corporate
Defendants shall comply with all of the undertakings and agreements set forth therein.
VII.
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.
VIII.
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 Consent Final Judgment forthwith and without
further notice.
SO ORDERED.

DATED: July 13, 2017.
___________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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