Securities and Exchange Commission v. Anticevic

Filing 215

ORDER adopting 214 Report and Recommendations. For the reasons stated in this Order, the Court adopts the Report in its entirety. Accordingly, the Court DENIES the SEC's motion for civil penalties in the amount of three times Defendants' ill-gotten gains, and GRANTS the SEC awards of civil penalties in the amount of double such gains, Specifically, the Court GRANTS the SEC (a) an award of civil penalties in the amount of $51, 955.20 against Dilber; and (b) an award of civil penalties in the amount of $2,829,191.58 against Verinac. (Signed by Judge Kimba M. Wood on 5/12/2011) (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,

USDSSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
J
DATE FILED: ..:;,-j I J/ill

Plaintiff,
-againstSONJA ANTICEVIC; DAVID PAJCIN; EUGENE
PLOTKIN; STANISLAV SHPIGELMAN;
NIKOLAUS SHUSTER; JUAN C. RENTERIA, JR.;
HENRY SIEGEL; ELVIS SANTANA; MONIKA
VUJOVIC; MIKHAIL PLOTKIN; PERICA
LOPANDIC; BRUNO VERINAC; ZORAN
SORMAZ; ILIJA BORAC; ANTUN DILBER;
ANTO KRSIC; and JASON C. SMITH,

Order

05 Civ. 6991 (KMW)

Defendants.
WOOD, U.S.D.J.:
1.

Overview
By Opinion & Order dated August 11, 2010, the Court granted the Securities and

Exchange Commission's motion for default judgment against Defendants Bruno Verinac
("Verinac") and Antun Dilber ("Dilber") (collectively, "Defendants"). (See Dkt. Entry No. 201.)
The Securities and Exchange Commission ("SEC") subsequently moved for the imposition of
civil penalties against Defendants pursuant to Section 21A of the Securities Exchange Act of
1934, 15 U.S.C. § 78u-l ("Section 21 A"). The SEC requested the imposition of penalties of
three times Defendants' ill-gotten gains.
By Report and Recommendation dated March 18, 2011 ("Report"), familiarity with
which is assumed, Magistrate Judge Ellis recommended that the Court impose penalties of
double, rather than triple, Defendants' ill-gotten gains.
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Specifically, Magistrate Judge Ellis

recommended that the Court impose penalties in the amounts of $51,955.20 against Dilber, and
$2,829,191.58 against Verinac.
For the reasons stated below, the Court adopts the Report in its entirety.
II.

Discussion
The Report informed the parties that, pursuant to Rule 72 of the Federal Rules of Civil

Procedure, they had fourteen days from service of the Report to file any objections. "When no
timely objection is filed, the court need only satisfy itself that there is no clear error on the face
of the record in order to accept the recommendation."
committee's note.

Fed. R. Civ. P. 72(b) advisory

No objections to the Report have been filed, and the time to object has

expired. The Court has reviewed the Report, and finds it to be free of clear error on the face of
the record. The Court therefore accepts and adopts the Report.
III.

Conclusion
For the reasons stated above, the Court adopts the Report in its entirety. Accordingly, the

Court DENIES the SEC's motion for civil penalties in the amount of three times Defendants' illgotten gains, and GRANTS the SEC awards of civil penalties in the amount of double such
gains. Specifically, the Court GRANTS the SEC (a) an award of civil penalties in the amount of
$51,955.20 against Dilber; and (b) an award of civil penalties in the amount of $2,829,191.58
against Verinac.
SO ORDERED.
DATED:

New York, New York
May/Z,2011

(~'hV.~
KlMBA M. WOOD

United States District Judge
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