Securities and Exchange Commission

Filing 69

ORDER TO TRANSFER FUNDS TO TRAIN BABCOCK FAIR FUND FOR DISTRIBUTION AND DIRECTING THAT ALL FUNDS PAID BY DEFENDANTS BE INCLUDED IN THE FAIR FUND granting 67 Motion Directing the Transfer of Funds to Related Proceeding for Distribution and Directi ng that all funds paid by Defendants be Included in the Fair Fund. IT IS HEREBY ORDERED THAT: The Motion is GRANTED; All the funds held by the Commission in this matter under the case name designation "Securities and Exchange Commission v. Rober t Gaughran and Kevin Clune, 17 Civ. 10026 (GHW)" are to be transferred to the Fair Fund established pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, as amended, in the related proceeding, In the Matter of Train, Babcock Advisors LLC , File No. 3-18324 ("Train Babcock Administrative Proceeding"), for distribution to the injured investor. Any future funds, assets, or proceeds received by the Commission in satisfaction of any judgments entered in this action shall be prom ptly deposited into the Fair Fund in the related Train Babcock Administrative Proceeding. All amounts the Commission currently holds in this action, any amounts collected in the future in this matter and all amounts, if any, held at the U.S. Treasury as post-judgment interest collected in this action shall be included in the Fair Fund in the related Train Babcock Administrative Proceeding. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/26/2019) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 12/26/2019

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,

17-cv-10026-GHW

-againstROBERT GAUGHRAN and KEVIN
CLUNE,
Defendants.
ORDER TO TRANSFER FUNDS TO TRAIN BABCOCK
FAIR FUND FOR DISTRIBUTION AND DIRECTING THAT ALL FUNDS PAID BY
DEFENDANTS BE INCLUDED IN THE FAIR FUND
The Court, having reviewed Plaintiff Securities and Exchange Commission’s Motion for
an Order Directing the Transfer of Funds to Related Proceeding for Distribution (the “Motion”),
and for good cause shown;
IT IS HEREBY ORDERED THAT:
1.

The Motion is GRANTED;

2.

All the funds held by the Commission in this matter under the case name

designation “Securities and Exchange Commission v. Robert Gaughran and Kevin Clune, 17
Civ. 10026 (GHW)” are to be transferred to the Fair Fund established pursuant to Section 308(a)
of the Sarbanes-Oxley Act of 2002, as amended, in the related proceeding, In the Matter of
Train, Babcock Advisors LLC, File No. 3-18324 (“Train Babcock Administrative Proceeding”),
for distribution to the injured investor.
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3.

Any future funds, assets, or proceeds received by the Commission in satisfaction

of any judgments entered in this action shall be promptly deposited into the Fair Fund in the
related Train Babcock Administrative Proceeding.
4.

All amounts the Commission currently holds in this action, any amounts collected

in the future in this matter and all amounts, if any, held at the U.S. Treasury as post-judgment
interest collected in this action shall be included in the Fair Fund in the related Train Babcock
Administrative Proceeding.

SO ORDERED.
Dated: _________________
December 26, 2019

________________________
Honorable Gregory H. Woods
United States District Judge

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