U.S. Securities and Exchange Commission v. Citigroup Global Markets Inc.

Filing 22

DECLARATION of Matthew T. Martens re: 21 Memorandum of Law. Document filed by U.S. Securities and Exchange Commission. (Attachments: # 1 Exhibit A-D)(Martens, Matthew)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
________________________________________________
:
:
:
Plaintiff,
:
: 11 Civ. 07387 (JSR)
v.
:
: ECF Case
CITIGROUP GLOBAL MARKETS INC.,
:
:
Defendant.
:
________________________________________________:
SECURITIES AND EXCHANGE COMMISSION,

DECLARATION OF MATTHEW T. MARTENS PURSUANT TO 28 U.S.C. § 1746
1.

My name is Matthew T. Martens. I am over the age of eighteen (18) years and have
never been convicted of a felony or crime involving moral turpitude. I have knowledge
of the facts set forth below based on my personal involvement in the instant litigation.

2.

I am employed as an attorney and Chief Litigation Counsel with the Division of
Enforcement of the United States Securities and Exchange Commission (“SEC” or
“Commission”) in Washington, D.C. I have entered an appearance as counsel of record
for the SEC in the above-captioned matter.

3.

Attached hereto as Exhibit A is a true and correct copy of the transcript of the hearing
before Judge Berman on Jun 29, 2011, in the matter of SEC v. J.P. Morgan Sec., LLC,
No. 11-CV-4206-RMB (S.D.N.Y.).

4.

Attached hereto as Exhibit B is a true and correct copy of this Court’s consent order dated
July 14, 2004, in the matter of United States v. New Puck, LP, No. 1:04-cv-05449-JSR
(S.D.N.Y.), which was retrieved from this Court’s electronic case filing system.

5.

Attached hereto as Exhibit C is a true and correct copy of this Court’s consent order dated
January 10, 2008, in the matter of F.T.C. v. Diet Coffee, Inc., No. 1:08-cv-00094-JSR
(S.D.N.Y.) , which was retrieved from this Court’s electronic case filing system.

6.

Attached hereto as Exhibit D is a true and correct copy of this Court’s consent order
dated November 5, 1998, in the matter of C.F.T.C. v. Kelly, No. 1:98-cv-05270-JSR
(S.D.N.Y. Nov. 5, 1998) (consent order providing that defendant “neither admit[s] or
den[ies] any of the allegations of the Complaint”).
Executed on the 7th day of November 2011.

/s/ Matthew T. Martens_________
Matthew T. Martens

2

CERTIFICATE OF SERVICE

I certify that on November 7, 2011, I electronically filed the foregoing
DECLARATION OF MATTHEW T. MARTENS PUSUANT TO 28 U.S.C. § 1746 and
attachments thereto using the CM/ECF system, which will send notification of such filing to the
following: Brad Scott Karp, Theodore V. Wells, Jr. and Susanna Michele Buergel, counsel for
defendant, Citigroup Global Markets, Inc.

/s/ Matthew T. Martens
Matthew T. Martens

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