Securities and Exchange Commission v. Inteligentry, LTD et al

Filing 510

FINAL JUDGMENT and PERMANENT INJUNCTION against John P. Rohner. Defendant Rohner is liable, jointly and severally with the Corporate Defendants, for disgorgement of $1,822,825, representing identified ill-gotten gains received as a result o f the unlawful conduct found by the Court, together with prejudgment interest in the amount of $411,100.48, for a total disgorgement of $2,233,925.48. Defendant Rohner is liable for a civil money penalty of $750,000. Defendant Rohn er shall satisfy these obligations by paying $2,983,925.48 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. Signed by Judge Richard F. Boulware, II on 7/13/2017. (Copies have been distributed pursuant to the NEF - SLD)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
________________________________________________
:
SECURITIES AND EXCHANGE COMMISSION
:
:
Plaintiff,
:
:
v.
:
: Civil No. 2:13-cv-0344-RFB-NJK
:
INTELIGENTRY, LTD., PLASMERG, INC.,
:
FINAL JUDGMENT
PTP LICENSING, LTD., and JOHN P. ROHNER,
:
AND
: PERMANENT INJUNCTION
Defendants.
:
_______________________________________________ :
FINAL JUDGMENT AGAINST DEFENDANT JOHN P. ROHNER
WHEREAS, the Securities and Exchange Commission (“SEC” or “Commission”) filed
the attached Amended Complaint (“Complaint”) against Defendant John P. Rohner (“Rohner”).
(Attachment A); WHEREAS, Rohner entered a general appearance and consented to the Court’s
jurisdiction over him; WHEREAS, on March 31, 2015, the Court granted summary judgment in
favor of the SEC as to Rohner’s liability for violating all five claims for relief alleged against
him in the Complaint, holding that Rohner violated Sections 5(a) and 5(c) of the Securities Act
of 1933 (“Securities Act”) , Section 17(a) of the Securities Act, Section 10(b) and Rule 10b-5 of
the Securities Exchange Act of 1934 (“Exchange Act”), and aided and abetted Inteligentry,
Ltd.’s (“Inteligentry”) violations of Section 17(a) of the Securities Act and Section 10(b) and
Rule 10b-5 of the Exchange Act; and WHEREAS, the Court has reviewed the SEC’s Motion for
Final Judgment against Defendant John P. Rohner, all supporting documents, and all opposition
thereto, and based on the evidence and authorities presented therein, hereby finds and orders as
follows:

I.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant Rohner and his agents, servants, employees, attorneys, and those persons in active
concert or participation with them who receive actual notice of this Final Judgment by personal
service or otherwise, and each of them, are permanently prohibited and restrained from directly or
indirectly participating in the issuance, offer, or sale of any security, including without limitation
securities of Corporate Defendants Inteligentry, PlasmERG, Inc. (“PlasmERG”) and PTP
Licensing, Ltd. (“PTP”) (collectively “Corporate Defendants”), or their successor entities, and
securities of entities that promote in any way 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; provided, however, that such
injunction shall not prevent Defendant Rohner from purchasing or selling securities listed on a
national securities exchange.
II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant Rohner shall, within 10 days after entry of this Final Judgment, post complete and
legible copies of the Commission’s Complaint and this Final Judgment in a conspicuous place on
the home pages of any websites and social media sites that Rohner directly or indirectly uses 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 and this Final Judgment shall be maintained on such Web sites and
social media sites as long as such sites are active and viewable.

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III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to
Section 21(d)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)] and Section 20(e) of the Securities
Act [15 U.S.C. § 77t(e)], Defendant Rohner is prohibited, following the date of entry of this
Final Judgment, from acting as an officer or director of any issuer that has a class of securities
registered pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l] or that is required to file
reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. § 78o(d)].
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant Rohner is liable, jointly and severally with the Corporate Defendants, for
disgorgement of $1,822,825, representing identified ill-gotten gains received as a result of the
unlawful conduct found by the Court, together with prejudgment interest thereon in the amount
of $411,100.48, for a total disgorgement of $2,233,925.48. Defendant Rohner is liable for a civil
money penalty of $750,000, pursuant to Securities Act Section 20(d)(1) [15 U.S.C. §77t(d)(1)]
and Exchange Act Section 21(d)(3) [15 U.S.C. §78u(d)(3)]. Defendant Rohner shall satisfy
these obligations by paying $2,983,925.48 to the Securities and Exchange Commission within 14
days after entry of this Final Judgment.
Payment from Defendant Rohner 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

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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; John P. Rohner as a defendant in this action; and specifying that payment is made
pursuant to this Final Judgment.
Defendant shall simultaneously transmit photocopies of evidence of payment and case
identifying information to the Commission’s counsel in this action. By making this payment,
Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part
of the funds shall be returned to Defendant.
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, distributed according to the final, approved, Receiver’s Plan for
Distribution of Disgorged Funds to which the Securities and Exchange Commission concurs.
The Court shall retain jurisdiction over the administration of any distribution of the
Disgorgement Fund.
The Commission may enforce the Court’s judgment for disgorgement and prejudgment
interest, and civil penalties, by moving for civil contempt (and/or through other collection
procedures authorized by law) at any time after 14 days following entry of this Final Judgment.
Defendant shall pay post judgment interest on any delinquent amounts pursuant to 28 U.S.C.
§ 1961.
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.

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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.
SO ORDERED.

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

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