US Commodity Futures Trading Commission v. Prestige Capital Advisors, LLC et al

Filing 36

ORDER granting 35 Motion for Reconsideration re 34 Order on Motion to Intervene, Order on Motion to Stay, Order on Motion for Default Judgment, Order on Motion for Extension of Time. Signed by District Judge Max O. Cogburn, Jr on 2/22/2013. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11cv431
U.S. COMMODITY FUTURES
TRADING COMMISSION,

)
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Plaintiff,
)
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Vs.
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PRESTIGE CAPITAL ADVISORS, LLC,
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a Delaware Limited Liability Company,
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D2W CAPITAL MANAGEMENT, LLC,
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a North Carolina Limited Liability Company, )
and TOBY D. HUNTER, an individual,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the court on plaintiff’s Motion for Partial Reconsideration of
the Court’s January 25, 2013 Order. In the motion, plaintiff requests that the court make certain
additions to the earlier order granting default judgment against defendants Prestige Capital
Advisors and D2W Capital Management. Having considered the motion and reviewed the
pleadings, the court enters the following order.
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion for Partial Reconsideration of
the Court’s January 25, 2013 Order (# 35) is hereby GRANTED. The court orders defendant
Prestige to pay restitution in the amount of $4,157,941 and defendant D2W in the amount of
$85,250, plus post-judgment interest in accordance with the terms set forth in ECF No. 27-2,
which is incorporated herein by reference. The court further orders that the National Futures
Association shall serve as monitor to oversee the above restitution obligations in accordance with

the terms set forth in ECF No. 27-2. The court further orders that Prestige and D2W shall pay
their civil monetary penalties in accordance with the terms set forth in ECF No. 27-2.
IT IS SO ORDERED.

Signed: February 22, 2013