U.S. Securities and Exchange Commission v. Lewis et al
Filing
34
MEMO ENDORSED ORDER granting 33 Motion for Judgment. ENDORSEMENT: The motion is GRANTED. The judgment has been signed. Please CLOSE THIS CASE after entry of judgment and remove the motion at Dkt #33 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 10/25/24) (yv)
Case 1:23-cv-06438-CM
Document 33
Filed 04/03/24 J~-J:age 1 of 2
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UNITED STATES DISTRICT COURT I
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SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,
Plaintiff,
vs.
JOSEPH C. LEWIS, et al.
Defendants
CONSENT MOTION FOR ENTRY OF FINAL JUDGME
JOSEPH C. LEWIS
AS TO DEFENDANT
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Plaintiff United States Securities and Exchange Commission (the "SEC" or the
"Commission") respectfully submits this consent motion to enter final judgment according to the
parties ' settlement. In support of this motion, the Commission states the following:
1.
On January 26, 2023, the Commission filed its Complaint (ECF No. 1) against
Defendants Joseph C. Lewis, Carolyn W. Carter, Patrick J. O'Connor, Brian L. Waugh, and Jean
J. O'Connor alleging insider trading violations of the federal securities laws.
2.
On November 8, 2023, pursuant to a request by the U.S . Attorney 's Office for the
this District, this Court stayed this case (ECF No. 32) pending the conclusion of criminal action
23-CR-370 brought against, inter alia, Lewis, Patrick J. O'Connor, and Waugh in the Southern
District of New York.
3.
On January 24, 2024, Defendant Lewis pled guilty in the parallel criminal matter
before The Honorable Judge Jessica Clarke.
Case 1:23-cv-06438-CM
Document 33
Filed 04/03/24
Page 2 of 2
4.
Plaintiff SEC and Defendant Lewis have now agreed to resolve the pending civil
5.
The undersigned has confirmed with the U.S. Attorney' s Office for this District that
matter.
it does not oppose a limited lift of the previously entered stay in this case for the sole purpose of
considering and entering the relief sought by this motion, and the attached Consent and Final
Judgment. Consideration of these narrow issues does not implicate any of the concerns that were
the bases for that office requesting a stay.
5.
Attached as Exhibit 1 is the executed Consent of Defendant Joseph C. Lewis setting
forth the terms of the parties' settlement agreement. Attached as Exhibit 2 is the proposed Final
Judgment to which the parties have agreed.
6.
As more fully set forth in Exhibit 2, the proposed Final Judgment would (a)
permanently enjoin Mr. Lewis from violating Exchange Act Section 10(b) and Rule 10b-5
thereunder [1 5 U. S.C. § 78j (b) and 17 C.F.R. § 240.l0b-5] ; and (b) order Mr. Lewis to pay a civil
penalty in the amount of $1,636,645. 11 under Exchange Act Section 21A [15 U.S .C. § 78ul (a)(2)], pursuant to the schedule set forth in the proposed Final Judgment.
7.
Hearing is waived on this consent motion.
The SEC respectfully requests that the Court enter the proposed Final Judgment attached
hereto as Exhibit 2.
Dated: April 2, 2024
Respectfully submitted,
Isl Timothy A. Work
Timothy A. Work, admitted pro hac vice
U.S. Securities and Exchange Commission
100 F Street, N.E. Washington, D.C. 20549
Tel: (202) 551-8115
workt@sec.gov
Counsel for Plaintiff Securities and Exchange Commission
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