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

Filing 99

ORDER granting ECF No. 96 Stipulation for Entry of Final Judgment Against Relief Defendant Lisa M. Kaplan. Signed by Judge Miranda M. Du on 1/8/2018. (Lisa M. Kaplan (Relief Defendant) 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 RELIEF
DEFENDANT LISA M. KAPLAN

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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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Relief Defendant Lisa M. Kaplan (“Relief Defendant,” and together with the Commission, the

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“Parties”) jointly move this Court to enter final judgment against Relief Defendant. The Parties

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have reached a settlement, and jointly move this Court to enter the proposed final judgment and

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resolve this matter.

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2.

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

The settlement includes: (1) disgorgement; and (2) prejudgment interest.
3.

A proposed final judgment as to Relief Defendant is attached as Exhibit A. Among

other things, the proposed final judgment orders Relief Defendant to pay disgorgement in the
amount of $340,764.75, plus prejudgment interest thereon in the amount of $26,762.65.
4.

Relief Defendant shall partially satisfy this obligation through the transfer of

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balances held in the frozen accounts after entry of this Final Judgment, as set forth in sections II to

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V of Exhibit A.

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5.

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

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Relief Defendant has consented to the entry of the proposed final judgment, as reflected in the

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Consent 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,

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and is a fair and reasonable resolution of this matter. See SEC v. Citigroup Global Markets, Inc.,

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

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8.

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

convenience.

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Case No. 3:16-CV-00270-MMD-VPC

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

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final judgment against Relief Defendant.

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Date: January 8, 2018

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/s/ Lisa M. Kaplan
Lisa M. Kaplan
1314-B Cave Rock Drive
Glenbrook, NV 89413
Telephone: [phone]

/s/ Alyssa A. Qualls___
Alyssa A. Qualls (IL Bar No. 6292124)
175 West Jackson Blvd., Suite 1450
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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IT IS SO ORDERED:

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________________________________
The Honorable Miranda Du
United States District Judge

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January 8, 2018
Dated: _______________________

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Case No. 3:16-CV-00270-MMD-VPC

Case 3:16-cv-00270-MMD-VPC Document 96-1 Filed 01/08/18 Page 1 of 7

EXHIBIT A

Case 3:16-cv-00270-MMD-VPC Document 96-1 Filed 01/08/18 Page 2 of 7

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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

FINAL JUDGMENT AS TO RELIEF
DEFENDANT LISA M. KAPLAN

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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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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Case No. 3:16-cv-00270-MMD-VPC

Case 3:16-cv-00270-MMD-VPC Document 96-1 Filed 01/08/18 Page 3 of 7

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The Securities and Exchange Commission having filed a Complaint, Relief Defendant Lisa M.

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Kaplan (“Relief Defendant”) having entered a general appearance; consented to the Court’s jurisdiction

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over Relief Defendant and the subject matter of this action; consented to entry of this Final Judgment

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without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as

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otherwise provided herein in paragraph VI); waived findings of fact and conclusions of law; and waived

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any right to appeal from this Final Judgment:

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I.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief Defendant

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is liable for disgorgement of $340,764.75, representing funds received as a result of the conduct alleged

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in the Complaint, together with prejudgment interest thereon in the amount of $26,762.65. Relief

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

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

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toward disgorgement by Relief Defendant shall be credited against the amount Defendants have been

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ordered to disgorge.

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The Commission may enforce the Court’s judgment for disgorgement and prejudgment interest

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by moving for civil contempt (and/or through other collection procedures authorized by law) at any time

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after 14 days following entry of this Final Judgment. Relief Defendant shall pay post judgment interest

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on any delinquent amounts pursuant to 28 U.S.C. § 1961. The Commission shall hold the funds,

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together with any interest and income earned thereon (collectively, the “Fund”), pending further order of

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the Court.

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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 will not

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be distributed, the Commission shall send the funds paid pursuant to this Final Judgment to the United

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States Treasury.

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II.
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 entire

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

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the Commission:

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Account Owner
Kaplan, Lisa M.

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Acct. Ending in:
#XXX-2764

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 a

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

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Ameritrade 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 or

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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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III.
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 the

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

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Court to the Commission:

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Account Owner
Kaplan, Lisa & David B.
Kaplan, Lisa & David B.

Acct. Ending in:
#XXX-2016
#XXX-9299

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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 a

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

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

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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

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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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IV.
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, Spokane Teachers Credit Union (“STCU”) shall transfer the

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

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the Commission:

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Account Owner
Kaplan, David B. and Lisa M.
Cassie Kaplan House Savings
Kaplan, David B. and Lisa M.

Acct. Ending in:
#XXX-4124
#XXX-2526

STCU may transmit payment electronically to the Commission, which will provide detailed

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

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

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may transfer these funds by certified check, bank cashier’s check, or United States postal money order

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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

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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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V.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being
served with a copy of this Final Judgment, JPMorgan Chase Bank, N.A. (“JPMC”) shall transfer the
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entire balance of the following JPMC account which was frozen pursuant to an Order of this Court to the

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Commission:

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Account Owner
Kaplan, Lisa M.

Acct. Ending in:
#XXX-1795

JPMC may transmit payment electronically to the Commission, which will provide detailed

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

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

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may transfer these funds by certified check, bank cashier’s check, or United States postal money order

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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

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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.
VI.

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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 Relief Defendant shall comply with

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all of the undertakings and agreements set forth therein.

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VII.

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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 Relief Defendant, and further, any debt for

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disgorgement, prejudgment interest, or other amounts due by Relief Defendant under this Final

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Judgment or any other judgment, order, consent order, decree or settlement agreement entered in

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connection with this proceeding, is a debt for the violation of the federal securities laws or any

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regulation or order issued under such laws, as set forth in Section 523(a)(19) of the Bankruptcy Code, 11

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U.S.C. § 523(a)(19).

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VIII.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain

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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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Case No. 3:16-cv-00270-MMD-VPC

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EXHIBIT B

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