Securities and Exchange Commission v. Femenia et al

Filing 353

JUDGMENT as to Defendant Aaron Wens Ordering Permanent Injunction and other relief. Signed by Senior Judge Graham Mullen on 3/29/2018. (jaw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
Civil Action No.
v.
3:12-cv-803-GCM
JOHN W. FEMENIA, SHAWN C. HEGEDUS,
DANIELLE C. LAURENTI, CORAM REAL
ESTATE HOLDING, INC., GOLDSTAR P.S. INC.,
ROGER A. WILLIAMS, KENNETH M. RABY,
FRANK M. BURGESS, JAMES A. HAYES,
MATTHEW J. MUSANTE, ANTHONY C.
MUSANTE and AARON M. WENS,
Defendants,
and
KRISTINE LACK and CHRISTINE E. MUSANTE,
Relief Defendants.

JUDGMENT AS TO DEFENDANT AARON WENS ORDERING
PERMANENT INJUNCTION AND OTHER RELIEF
The Securities and Exchange Commission (“Commission”) having filed a Complaint
and Defendant Aaron M. Wens (“Defendant” or “Wens”) having entered a general
appearance; consented to the Court’s jurisdiction over him and the subject matter of this
action; consented to entry of this Order Granting Permanent Injunctive and Other Relief (the
“Order”); waived findings of fact and conclusions of law; and waived any right to appeal
from this Order.

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I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the
Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5
promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of
interstate commerce, or of the mails, or of any facility of any national securities exchange, in
connection with the purchase or sale of any security:
(a)

to employ any device, scheme, or artifice to defraud;

(b)

to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances
under which they were made, not misleading; or

(c)

to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in
Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who
receive actual notice of this Judgment by personal service or otherwise: (a) Defendant’s officers,
agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendant or with anyone described in (a).

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II.
Upon motion of the Commission, the Court shall determine whether it is appropriate to
order disgorgement of ill-gotten gains and/or a civil penalty pursuant to Section 21(d)(3) of the
Exchange Act [15 U.S.C. § 78u(d)(3)] and, if so, the amount(s) of the disgorgement and/or civil
penalty. If disgorgement is ordered, Defendant shall pay prejudgment interest thereon as may be
ordered by the Court, calculated from December 5, 2012, based on the rate of interest used by the
Internal Revenue Service for the underpayment of federal income tax as set forth in 26 U.S.C.
§ 6621(a)(2). In connection with the Commission’s motion for disgorgement and/or civil
penalties, and at any hearing held on such a motion: (a) Defendant will be precluded from
arguing that he did not violate the federal securities laws as alleged in the Complaint; (b)
Defendant may not challenge the validity of the Consent or this Judgment; (c) solely for the
purposes of such motion, the allegations of the Complaint shall be accepted as and deemed true
by the Court; and (d) the Court may determine the issues raised in the motion on the basis of
affidavits, declarations, excerpts of sworn deposition or investigative testimony, and
documentary evidence, without regard to the standards for summary judgment contained in Rule
56(c) of the Federal Rules of Civil Procedure.
III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is
incorporated herein with the same force and effect as if fully set forth herein, and that Defendant
shall comply with all of the undertakings and agreements set forth therein.
IV.
Wens’s Consent is incorporated herein with the same force and effect as if fully set forth

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herein.
V.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court will retain
jurisdiction over this matter and over Wens, in order to implement and carry out the terms of all
Orders and Decrees that may be entered, including this Judgment.
VI.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure, the Clerk is ordered to enter this Judgment forthwith and without further notice.

Signed: March 29, 2018

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