Securities and Exchange Commission v. Penn et al
Filing
400
ORDER DIRECTING FORT SILL, N.A. TO TURN OVER FROZEN FUNDS IN PARTIAL SATISFACTION OF JUDGMENTS: ORDERED that the Commission shall serve a copy of this Order upon Fort Sill and Lawrence E. Penn III ("Penn"). Service may be made by electronic mail upon the consent of the receiving party, by overnight delivery service such as United Parcel Service, or by certified mail, return receipt requested. FURTHER ORDERED that within 14 days from receipt of this Order, Fort Sill shall turn over to t he Commission all funds remaining in Penns account with account number ending in 8801. Payment shall be made by one of the following means: as set forth herein. FURTHER ORDERED, that by making such payment, Fort Sill shall be forever released and dis charged from any liability with respect to such funds to Penn, or to any person or entity claiming a right in and to such funds derived from Penn, and from any liability with respect to such funds as to the Commission. FURTHER ORDERED that within 21 days from receipt of this Order, Fort Sill shall release any restrictions previously imposed, pursuant to the Asset Freeze Orders, on the use of any accounts in the names of, or controlled or owned by, any of the Defendants, if such accounts are for credit cards or lines of credit, or have zero or negative balances. Fort Sill may restore the account(s) to normal operation or, at its election, close the account(s). FURTHER ORDERED that this Court shall retain jurisdiction to enforce compliance with this Order. And as set forth herein. (Signed by Judge Valerie E. Caproni on 3/31/2021) (ama)
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED:
The Plaintiff Securities and Exchange Commission (the “Commission”) having moved
for a turnover order directed to non-party Fort Sill National Bank (“Fort Sill”) with respect to
certain accounts, and for the release of certain other accounts from the asset freeze imposed and
continued by Orders of this Court issued on January 30, 2014 (Docket Entry 2), July 11, 2014
(Docket Entry 56), October 1, 2018 (Docket Entry 300) and/or March 15, 2020 (Docket Entry
335) (collectively, the “Asset Freeze Orders”), and the Court having considered the papers
submitted on such motion, and it appearing that such an order should be issued, it is hereby:
that the Commission shall serve a copy of this Order upon Fort Sill and
Lawrence E. Penn III (“Penn”). Service may be made by electronic mail upon the consent of the
receiving party, by overnight delivery service such as United Parcel Service, or by certified mail,
return receipt requested.
that within 14 days from receipt of this Order, Fort Sill shall
turn over to the Commission all funds remaining in Penn’s account with account number ending
in 8801. Payment shall be made by one of the following means:
a. Electronically, wherein the Commission will provide detailed ACH
transfer/Fedwire instructions upon request made to (202) 551-7940 and/or
Disgorgement-Penalty@sec.gov;
b. Direct payment from a bank account via Pay.gov through the Commission’s
website at http://www.sec.gov/about/offices/ofm.htm; or
c. By certified check, bank cashier’s check, or United States postal money order,
made payable to the “Securities and Exchange Commission” and setting forth
the title and civil action number of this action (“SEC v. Penn, et al., 14-cv0581”) and the name of this Court (“United States District Court, Southern
District of New York”); and specifying that payment is made pursuant to this
Order in satisfaction of the Judgment entered against Lawrence E. Penn III
entered on October 1, 2018. The funds may be hand-delivered or mailed to:
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Enterprise Services Center
Accounts Receivable Branch
HQ Bldg., Room 181, AMZ-341
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
Fort Sill shall simultaneously transmit photocopies of evidence of payment and case identifying
information to SEC attorneys Karen E. Willenken and Elizabeth R. Goody, by electronic mail to
WillenkenK@sec.gov and GoodyE@sec.gov.
, that by making such payment, Fort Sill shall be forever
released and discharged from any liability with respect to such funds to Penn, or to any person or
entity claiming a right in and to such funds derived from Penn, and from any liability with
respect to such funds as to the Commission.
that within 21 days from receipt of this Order, Fort Sill shall
release any restrictions previously imposed, pursuant to the Asset Freeze Orders, on the use of
any accounts in the names of, or controlled or owned by, any of the Defendants, if such accounts
are for credit cards or lines of credit, or have zero or negative balances. Fort Sill may restore the
account(s) to normal operation or, at its election, close the account(s).
that this Court shall retain jurisdiction to enforce compliance
with this Order.
Dated:
HON. VALERIE E. CAPRONI
CAPRONI
P
UNITED STATES DISTRICT JUDGE
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