Securities and Exchange Commission v. Kaplan, Esq. et al

Filing 100

ORDER granting ECF No. 95 Stipulation for Entry of Final Judgment Against Defendants David B. Kaplan, Esq., Synchronized Organizational Solutions, LLC, Synchronized Organizational Solutions International, Ltd., and Manna International Enterprises, Inc. Signed by Judge Miranda M. Du on 1/8/2018. (Defendants terminated.) (Copies have been distributed pursuant to the NEF - DRM)

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Alyssa A. Qualls (IL Bar No. 6292124)
Email: [e-mail]
Amy S. Cotter (IL Bar No. 6238157)
Email: [e-mail]
Raven A. Winters (IL Bar No. 6291077)
Email: [e-mail]

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Attorneys for Plaintiff
Robert J. Burson, Associate Regional Director
Amy S. Cotter, Assistant Regional Director
Alyssa A. Qualls, Regional Trial Counsel
Securities and Exchange Commission
175 West Jackson Blvd., Suite 900
Chicago, Illinois 60604
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Northern Division
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SECURITIES AND EXCHANGE
COMMISSION,

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Case No. 3:16-cv-00270-MMD-VPC
Honorable Miranda Du

Plaintiff,
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vs.
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DAVID B. KAPLAN, ESQ.,
SYNCHRONIZED ORGANIZATIONAL
SOLUTIONS, LLC,
SYNCHRONIZED ORGANIZATIONAL
SOLUTIONS INTERNATIONAL, LTD.,
and MANNA INTERNATIONAL
ENTERPRISES, INC.,

STIPULATION FOR ENTRY OF FINAL
JUDGMENT AGAINST DEFENDANTS

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Defendants,
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and
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LISA M. KAPLAN,
THE WATER-WALKING
FOUNDATION, INC., and
MANNA INVESTMENTS, LLC,

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Relief Defendants.

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IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, as
follows:

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1.

The United States Securities and Exchange Commission (the “Commission”) and

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Defendants David B. Kaplan, Esq., Synchronized Organizational Solutions, LLC, Synchronized

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Organizational Solutions International, Ltd., and Manna International Enterprises, Inc. (collectively,

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“Defendants,” and together with the Commission, the “Parties”) jointly move this Court to enter

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final judgment against Defendants. The Parties have reached a settlement, and jointly move this

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Court to enter the proposed final judgment and resolve this matter.

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2.

The Parties have reached a settlement to resolve all claims against Defendants. The

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settlement includes: (1) a permanent injunction; (2) disgorgement; (3) prejudgment interest; and

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(4) civil penalties.

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3.

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A proposed final judgment as to Defendants is attached as Exhibit A. Among other

things, the proposed final judgment:

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a.

permanently restrains and enjoins Defendants from violating Sections 10(b)

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and 15(a) of the Securities Exchanges Act of 1934 and Section 17(a)(1) of the

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Securities Act of 1933;

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b.

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orders Defendants to pay disgorgement in the amount of $7,139,884.87,
plus prejudgment interest thereon in the amount of $680,157.61; and

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c.

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orders Defendants to pay a civil penalty in the amount of $300,000 under
Section 20(d) of the Securities Act of 1933.

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4.

Defendants shall partially satisfy this obligation through the transfer of balances held

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in the frozen accounts after entry of this Final Judgment, as set forth in sections V to IX of Exhibit

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A.

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5.

Without either admitting or denying the allegations of the complaint in this action,

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Defendants have consented to the entry of the proposed final judgment, as reflected in the Consent

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attached as Exhibit B.

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6.

The settlement brings the litigation to a close, without the need for a trial, and thus

conserves the resources of the Court and the Parties.
7.

The Parties agree that entry of the proposed final judgment is in the public interest,

and is a fair and reasonable resolution of this matter. See SEC v. Citigroup Global Markets, Inc.,
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Case No. 3:16-CV-00270-MMD-VPC

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752 F.3d 285 (2d Cir. 2014).
8.

The Parties respectfully request the entry of final judgment at the Court’s earliest

convenience.
WHEREFORE, for the foregoing reasons, the parties jointly move this Court for entry of

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final judgment against Defendants.

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Date: January 8, 2018

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/s/ David B. Kaplan
David B. Kaplan
1314-B Cave Rock Drive
Glenbrook, NV 89413
Telephone: [phone]
Email: [e-mail]

/s/ Alyssa A. Qualls___
Alyssa A. Qualls (IL Bar No. 6292124)
175 West Jackson Blvd., Suite 900
Chicago, Illinois 60604
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Plaintiff United States Securities
and Exchange Commission

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Synchronized Organizational Solutions, LLC

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Synchronized Organizational Solutions
International, Ltd.

By: /s/ David B. Kaplan
David B. Kaplan, Esq.
Managing Member
1314-B Cave Rock Drive
Glenbrook, NV 89413
Telephone: [phone]

By: /s/ David B. Kaplan
David B. Kaplan, Esq.
Director
1314-B Cave Rock Drive
Glenbrook, NV 89413
Telephone: [phone]

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Manna International Enterprises, Inc.

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By: /s/ David B. Kaplan
David B. Kaplan, Esq.
Managing Member
1314-B Cave Rock Drive
Glenbrook, NV 89413
Telephone: [phone]

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IT IS SO ORDERED:
________________________________
The Honorable Miranda Du
United States District Judge

January 8, 2018
Dated: _______________________
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Case No. 3:16-CV-00270-MMD-VPC

Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 1 of 10

EXHIBIT A

Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 2 of 10

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Alyssa A. Qualls (IL Bar No. 6292124)
Email: [e-mail]
Amy S. Cotter (IL Bar No. 6238157)
Email: [e-mail]
Raven A. Winters (IL Bar No. 6291077)
Email: [e-mail]

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Attorneys for Plaintiff
Securities and Exchange Commission
Robert J. Burson, Associate Regional Director
Amy S. Cotter, Assistant Regional Director
Alyssa A. Qualls, Regional Trial Counsel
175 West Jackson Blvd., Suite 900
Chicago, Illinois 60604
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Northern Division

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SECURITIES AND EXCHANGE
COMMISSION,

Honorable Miranda Du
Plaintiff,

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Case No. 3:13-cv-00270-MMD-VPC

vs.

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DAVID B. KAPLAN, ESQ.,
SYNCHRONIZED ORGANIZATIONAL
SOLUTIONS, LLC,
SYNCHRONIZED ORGANIZATIONAL
SOLUTIONS INTERNATIONAL, LTD.,
and MANNA INTERNATIONAL
ENTERPRISES, INC.,

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FINAL JUDGMENT AS TO DEFENDANTS
DAVID B. KAPLAN, ESQ.,
SYNCHRONIZED ORGANIZATIONAL
SOLUTIONS, LLC, SYNCHRONIZED
ORGANIZATIONAL SOLUTIONS
INTERNATIONAL, LTD., AND MANNA
INTERNATIONAL ENTERPRISES, INC.

Defendants,

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and

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LISA M. KAPLAN,
THE WATER-WALKING
FOUNDATION, INC., and
MANNA INVESTMENTS, LLC,

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Relief Defendants.

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The Securities and Exchange Commission having filed a Complaint, Defendants David B.

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Kaplan, Esq., Synchronized Organizational Solutions, LLC, Synchronized Organizational Solutions

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International, Ltd., and Manna International Enterprises, Inc. (collectively, “Defendants”) having

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entered a general appearance; consented to the Court’s jurisdiction over Defendants and the subject

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matter of this action; consented to entry of this Final Judgment without admitting or denying the

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allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in

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paragraph XI); waived findings of fact and conclusions of law; and waived any right to appeal from

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this Final Judgment:

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I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants are

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permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the

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Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5

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promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of

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interstate commerce, or of the mails, or of any facility of any national securities exchange, in

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connection with the purchase or sale of any security:

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(a)

to employ any device, scheme, or artifice to defraud;

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(b)

to make any untrue statement of a material fact or to omit to state a material fact

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necessary in order to make the statements made, in the light of the circumstances

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under which they were made, not misleading; or

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(c)

to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal

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Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive

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actual notice of this Judgment by personal service or otherwise: (a) Defendants’ officers, agents,

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servants, employees, and attorneys; and (b) other persons in active concert or participation with

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Defendants or with anyone described in (a).

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II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants
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are permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933

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(the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any

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means or instruments of transportation or communication in interstate commerce or by use of the

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mails, directly or indirectly:

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(a)

to employ any device, scheme, or artifice to defraud;

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(b)

to obtain money or property by means of any untrue statement of a material fact or

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any omission of a material fact necessary in order to make the statements made, in light of

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the circumstances under which they were made, not misleading; or

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(c)

to engage in any transaction, practice, or course of business which operates or

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would operate as a fraud or deceit upon the purchaser.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal

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Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive

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actual notice of this Judgment by personal service or otherwise: (a) Defendants’ officers, agents,

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servants, employees, and attorneys; and (b) other persons in active concert or participation with

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Defendants or with anyone described in (a).

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III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
Kaplan is permanently restrained and enjoined from violating Section 15(a)(1) of the Exchange Act
[15 U.S.C. § 78o(a)(1)], by making use of the mails or any means or instrumentality of interstate
commerce to effect any transactions in, or to induce or attempt to induce the purchase or sale of,

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any security (other than an exempted security or commercial paper, bankers’ acceptances, or
commercial bills) without being associated with a broker or dealer that is registered in accordance
with Section 15(b) of the Exchange Act.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal

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Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive

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actual notice of this Judgment by personal service or otherwise: (a) Defendants’ officers, agents,

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servants, employees, and attorneys; and (b) other persons in active concert or participation with
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Defendants or with anyone described in (a).

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IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants

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are liable for disgorgement of $7,139,884.87, representing funds received as a result of the conduct

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alleged in the Complaint, together with prejudgment interest thereon in the amount of $680,157.61,

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and a civil penalty in the amount of $300,000 pursuant to Section 20(d) of the Securities Act [15

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U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)]. Defendants

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shall partially satisfy this obligation through the transfer of balances held in the frozen accounts

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after entry of this Final Judgment, as set forth in paragraphs V to IX below. Any amounts paid

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toward disgorgement by Relief Defendants in this matter shall be credited against the disgorgement

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amount ordered herein.

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The Commission may enforce the Court’s judgment for disgorgement and prejudgment
interest 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. Defendants shall pay post
judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. The Commission shall

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hold the funds, together with any interest and income earned thereon (collectively, the “Fund”),
pending further order of the Court.
The Commission may propose a plan to distribute the Fund subject to the Court’s approval.

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Such a plan may provide that the Fund shall be distributed pursuant to the Fair Fund provisions of

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Section 308(a) of the Sarbanes-Oxley Act of 2002. The Court shall retain jurisdiction over the

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administration of any distribution of the Fund. If the Commission staff determines that the Fund

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will not be distributed, the Commission shall send the funds paid pursuant to this Final Judgment to
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the United States Treasury.

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Regardless of whether any such Fair Fund distribution is made, amounts ordered to be paid

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as civil penalties pursuant to this Judgment shall be treated as penalties paid to the government for

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all purposes, including all tax purposes. To preserve the deterrent effect of the civil penalty,
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Defendants shall not, after offset or reduction of any award of compensatory damages in any

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Related Investor Action based on Defendants’ payment of disgorgement in this action, argue that

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they are entitled to, nor shall they further benefit by, offset or reduction of such compensatory
damages award by the amount of any part of Defendants’ payment of a civil penalty in this action

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(“Penalty Offset”). If the court in any Related Investor Action grants such a Penalty Offset,
Defendant shall, within 30 days after entry of a final order granting the Penalty Offset, notify the

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Commission’s counsel in this action and pay the amount of the Penalty Offset to the United States

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Treasury or to a Fair Fund, as the Commission directs. Such a payment shall not be deemed an

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additional civil penalty and shall not be deemed to change the amount of the civil penalty imposed
in this Judgment. For purposes of this paragraph, a “Related Investor Action” means a private

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damages action brought against Defendants by or on behalf of one or more investors based on
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substantially the same facts as alleged in the Complaint in this action.
V.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being

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served with a copy of this Final Judgment, Bank of America, N.A. (“Bank of America”) shall

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transfer the entire balance of the following Bank of America accounts which were frozen pursuant

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to an Order of this Court to the Commission:

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Account Owner
Synchronized Organizational Solutions, LLC
Kaplan, David B.
Kaplan, David B.

Acct. Ending in:
#XXX-4100
#XXX-9027
#XXX-9030

Bank of America may transmit payment electronically to the Commission, which will

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provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be made

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directly from a bank account via Pay.gov through the SEC website at

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http://www.sec.gov/about/offices/ofm.htm. Bank of America also may transfer these funds by

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certified check, bank cashier’s check, or United States postal money order payable to the Securities

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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

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and shall be accompanied by a letter identifying the case title, civil action number, and name of this

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Court; and specifying that payment is made pursuant to this Final Judgment.

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VI.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being

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served with a copy of this Final Judgment, Citibank, N.A. (“Citibank”) shall transfer the entire

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balance of the following Citibank account which was frozen pursuant to an Order of this Court to

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the Commission:

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Account Owner
Manna International Enterprises Inc.

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Acct. Ending in:
#XXX-7740

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Citibank may transmit payment electronically to the Commission, which will provide

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detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from

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a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm.

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Citibank also may transfer these funds by certified check, bank cashier’s check, or United States

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postal money order payable to the Securities and Exchange Commission, which shall be delivered

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or mailed to

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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

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Court; and specifying that payment is made pursuant to this Final Judgment.

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VII.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being
served with a copy of this Final Judgment, Merrill Edge Bank of America (“Merrill Edge”) shall
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transfer the entire balance of the following Merrill Edge account which was frozen pursuant to an

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Order of this Court to the Commission:

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Account Owner
Kaplan, David B.

Acct. Ending in:
#XXX-4R29

Merrill Edge may transmit payment electronically to the Commission, which will provide

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detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from

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a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm.

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Merrill Edge also may transfer these funds by certified check, bank cashier’s check, or United

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States postal money order payable to the Securities and Exchange Commission, which shall be

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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

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Court; and specifying that payment is made pursuant to this Final Judgment.
VIII.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being

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served with a copy of this Final Judgment, TD Ameritrade (“TD Ameritrade”) shall transfer the

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entire balance of the following TD Ameritrade account which was frozen pursuant to an Order of

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this Court to the Commission:

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Account Owner
Kaplan, David B.

Acct. Ending in:
#XXX-8969

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TD Ameritrade may transmit payment electronically to the Commission, which will provide

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detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from

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a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm.

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TD Ameritrade also may transfer these funds by certified check, bank cashier’s check, or United

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States postal money order payable to the Securities and Exchange Commission, which shall be

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delivered or mailed to
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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

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Court; and specifying that payment is made pursuant to this Final Judgment.

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IX.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being

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served with a copy of this Final Judgment, Wells Fargo Bank, N.A. (“Wells Fargo”) shall transfer

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the entire balance of the following Wells Fargo accounts which were frozen pursuant to an Order of

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this Court to the Commission:

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Account Owner
Manna International Enterprises Inc.
Kaplan, David B.
Manna International Enterprises Inc.
Kaplan, David B.

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Acct. Ending in:
#XXX-4725
#XXX-7815
#XXX-9129
#XXX-9813

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Wells Fargo may transmit payment electronically to the Commission, which will provide

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detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from

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a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm.

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Wells Fargo also may transfer these funds by certified check, bank cashier’s check, or United States

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postal money order payable to the Securities and Exchange Commission, which shall be delivered

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or mailed to

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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

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Court; and specifying that payment is made pursuant to this Final Judgment.

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X.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated

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herein with the same force and effect as if fully set forth herein, and that Defendants shall comply with

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all of the undertakings and agreements set forth therein.

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XI.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of

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exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. § 523, the

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allegations in the complaint are true and admitted by Defendant Kaplan, and further, any debt for

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disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant Kaplan under

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this Final Judgment or any other judgment, order, consent order, decree or settlement agreement

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entered in connection with this proceeding, is a debt for the violation by Defendant Kaplan of the

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federal securities laws or any regulation or order issued under such laws, as set forth in Section

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523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 523(a)(19).

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XII.
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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Dated: ______________, 2017
____________________________________
The Honorable Miranda Du
United States District Judge

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