Securities and Exchange Commission v. Bronson et al

Filing 581

ORDER MODIFYING ASSET FREEZE AND ORDERS REGARDING DEFENDANT EDWARD BRONSONS NOTIFICATION REQUIREMENTS FOR CERTAIN CASH RECEIPTS AND DISBURSEMENTS. IT IS HEREBY ORDERED that Bronson may pay the expenses listed in Table A, up to 110% of the amou nts set forth in Table A, without being deemed to have violated the asset freeze and without prior notice to the SEC; and IT IS FURTHER ORDERED that the Bronsons are not required to promptly notify the SEC of receipt of Bronson's Salary of  6;2,000 per week. However, any commission or other income of $1,000 or more may be deposited into the Bronsons' bank account without prior approval of the SEC, but, whether received in one lump sum or in any series of payments, continues to require prompt notification to the SEC. However, such funds shall not be disbursed without prior approval from the SEC. (Signed by Judge Kenneth M. Karas on 1/18/24) (yv)

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Case 7:12-cv-06421-KMK Document 580 Filed 01/18/24 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------X SECURITIES AND EXCHANGE COMMISSION, Plaintiff, -againstEDWARD BRONSON, E-LIONHEART ASSOCIATES, LLC, d/b/a FAIRHILLS CAPITAL Defendants and 12-CV-06421 (KMK) FAIRHILLS CAPITAL, INC. Relief Defendant. -------------------------------------------------------------------X ORDER MODIFYING ASSET FREEZE AND ORDERS REGARDING DEFENDANT EDWARD BRONSON’S NOTIFICATION REQUIREMENTS FOR CERTAIN CASH RECEIPTS AND DISBURSEMENTS WHEREAS the Court entered an asset freeze over Defendant Edward Bronson’s (“Bronson”) assets and income and continued the freeze in effect until the parties resolve turnover issues; WHEREAS the Court ordered Edward and Dawn Bronson (the “Bronsons”) to provide “prompt notice of any funds received from any source in an amount of $1,000 or more (whether received in one lump sum or in any series of payments)”; WHEREAS the Court ordered the Bronsons not to “make any transfer over $1,000, directly or indirectly, through any other individual or entity including but not limited to the Bronson Entities, without approval from the SEC....”; WHEREAS the Court ordered the Bronsons to provide monthly statements including mortgage statements along with the source of funds used to make any mortgage payment; ConEd bills along with the source of funds used to make any payment thereon; property tax bills along with the source of funds used to make any payment thereon; health insurance bills along with the source of funds used to make any payment thereon; and legal bills along with the source of funds used to make any payment for representation; WHEREAS Bronson has commenced earning a set salary (“Salary”) of $2,000 per week and commissions; Case 7:12-cv-06421-KMK Document 580 Filed 01/18/24 Page 2 of 3 WHEREAS Bronson has identified particular recurring expenses set forth in the attached table (“Recurring Expenses”), which the Bronsons pay monthly; WHEREAS the parties seek to reduce the Bronsons’ administrative burden of reporting Recurring Expenses; WHEREAS Bronson seeks clarity on whether and what expenses he can pay without violating the asset freeze; and WHEREAS the parties have jointly submitted the proposed order for the Court’s consideration. Therefore, IT IS HEREBY ORDERED that Bronson may pay the expenses listed in Table A, up to 110% of the amounts set forth in Table A, without being deemed to have violated the asset freeze and without prior notice to the SEC; and IT IS FURTHER ORDERED that the Bronsons are not required to promptly notify the SEC of receipt of Bronson’s Salary of $2,000 per week. However, any commission or other income of $1,000 or more may be deposited into the Bronsons’ bank account without prior approval of the SEC, but, whether received in one lump sum or in any series of payments, continues to require prompt notification to the SEC. However, such funds shall not be disbursed without prior approval from the SEC. Dated: White Plains, New York _January 18_, 2024 ________________________ United States District Judge -2- Case 7:12-cv-06421-KMK Document 580 Filed 01/18/24 Page 3 of 3 Table A Expense Health Insurance Expense Cap per month Cell Phones $4,800 $650 Oil $1,200 Food $2,000 Internet $323 Cable/Phone $410 Car Insurance $840 Car Payment $820 Gasoline $250 Miscellaneous $1,400 -3-

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