SECURITIES AND EXCHANGE COMMISSION v. MURMYLYUK
Filing
14
FINAL JUDGMENT ON DEFAULT AND ORDER OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT PETER MURMYLYUK granting 13 Motion for Default Judgment. Signed by Judge Claire C. Cecchi on 11/30/12. (dc, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SE~URITIES AND EXCHANGE COMMISSION,
Case No. 2: 12-cv-02272-CCC-J~
Plaintiff,
v.
PETR MURMYLYUK,
Defendant.
FINAL JUDGMENT ON DEFAULT AND ORDER OF PERMANENT INJUNCTION
AND OTHER RELIEF AGAINST DEFENDANT PETR MURMYL YUK ,
AND NOW, this
·3 0
kl;JJ~vo. ~
day of
, 2012, upon receipt and
consideration of Plaintiff Securities and Exchange Commission's (the ~'Commission") Amended
Mot~n for Entry of Default Judgment and the Memorandum of Law in Support of the Motion
for Default Judgment filed on October 9, 2012 and the Supplemental Memorandum of Law tiled
on October 11, 2012 in support thereof, and it appearing that there is no just reason for delay,
and finding that there is sufficient basis herein for the entry of this Final Judgment on Default
and Order of Permanent Injunction and Other Relief Against Defendant Petr Murmylyuk ("Final
Judgment"), the Motion is GRANTED.
I.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defandant and Defendant's agents, servants, employees, attorneys, and all persons in active
conc£rt or participation with them who receive actual notice of this Final Judgment by personal
service or otherwise are permanently restrained and enjoined from violating, directly or
indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15
U.S.f. § 78j(b)] and Rule lOb-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any
meruis or instrumentality of interstate commerce, or of the mails, or of any facility of any
national securities exchange, in connection with the purchase or sale of any security:
(a)
to employ any device, scheme, or artifice to defraud;
(b)
to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstmces
under which they were made, not misleading; or
(c)
to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.
II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant and Defendant's agents, servants, employees, attorneys, and all persons in active
concert or participation with them who receive actual notice of this Final Judgment by perSonal
service or otherwise are permanently restrained and enjoined from violating Section 17(a)ofthe
Sec1¢ties Act of 1933 [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any
means or instruments of transportation or communication in interstate commerce or by use of the
mails, directly or indirectly:
(a)
to employ any device, scheme, or artifice to defraud;
(b)
to obtain money or property by means of any untrue statement of a material fact
or any omission of a material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not misleading;
or
(c)
to engage in any transaction, practice, or course of business which operates or
would operate as a fraud or deceit upon the purchaser.
III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendant is liable for disgorgement of $99,400.00, representing ill-gotten gains derived from
the conduct alleged in the Amended Complaint, together with prejudgment interest thereot1 in the
amount of$2,508.19, and a civil penalty in the amount of$150,000.00 pursuant to Sectiotl20(d)
ofthe Securities Act [15 U.S.C. § 77t(d), as amended by 17 C.F.R. § 201.1003] and Section
21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3), as amended by 17 C.F.R. § 201.1003].
Defendant shall satisfy this obligation by paying $251,908.19 to the Securities and Exchange
Conimission within 14 days after entry of this Final Judgment.
Defendant may transmit payment electronically to the Commission, which will provide
detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly
front a bank account via Pay.gov through the Commission's website at
httpt//www.sec.gov/about/offices/ofm.htm. Defendant may also pay by certified check, bank
cashier's check, or United States postal money order payable to the Securities and Exchange
Codunission, 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 Petr Murmylyuk as a defendant in this a~ion;
setting forth the title and civil action number of this action and the name of this Court; anil
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,
Defepdant relinquishes all legal and equitable right, title, and interest in such funds and no p~
of the funds shall be returned to Defendant. The Commission shall send the funds paid pursuant
,i
to this Final Judgment to the United States Treasury
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. Defendant shall pay post-
judgtnent interest on any delinquent amounts pursuant to 28 USC § 1961.
IV.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the assets iQ the
fraugulent account used by Defendant Murmvlyuk in perpetrating his fraudulent scheme ate a
~~
'
product of his fraud and shall be frozen by TradeStation Securities. Inc.
("TradeStation~')
immediatelv upon notice of this Order and transferred to the Commission within 14 days of entry
of tllis Order in the manner described below in partial satisfaction of the amount o-wed by
Defendant Murmylyuk. The fraudulent account is in the name of Dmitry Tokar and bears the
accdunt number ****2798.
TradeStation may transmit paym.ent electronicallv to the Con1mission. which will provide
detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly
froni a bank account via Pay.gov through the Commission's website at
httpi//\\1'\NW.sec.gov/about/of:fices/ofrn.htm. TradeStation mav also pay bv certified check,'bank
cashier's check, or United States postal money order payable to the Securities and Exchan&e
Commission, 'vhich shall be delivered or mailed to
Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
and~hall
be accompanied by a letter identifying Petr Murmvlyuk as a defendant in this action:
settiqg forth the title and civil action number of this action and the name of this Court: and
specifying that payment is made pursuant to this Final Judgment.
, TradeStation shall simultaneously transmit photocopies of evidence ofpaytnent an4 case
identifying information to the Commission's counsel in this action. The Commission shall send
the funds paid pursuant to this Final Judgment to the United States Treasury
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.
Dated: 1\})J .
'.XJ
2<:J\ -z..
'-HON. CLAIRE C. CECCHI
United States District Judge
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