Securities and Exchange Commission v. Femenia et al

Filing 394

Judgement as to Matthew J. Musante re 387 Motion for Entry of Judgment under Rule 54(b). Signed by Senior Judge Graham Mullen on 09/09/2019. (ctb)

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 MATTHEW J. MUSANTE
The Securities and Exchange Commission (“Commission”) having filed
an amended complaint and made a Motion for Judgment against Defendant
Matthew J. Musante (“Defendant” or “Matthew Musante”), upon the
submissions and filings with the Court and for good cause shown:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Matthew
Musante is liable for disgorgement of $ 1,661,000, representing profits gained as a
result of the conduct alleged in the amended complaint. The Court declines to
order prejudgment interest and civil penalties.
Matthew Musante shall satisfy the foregoing obligation by paying the
amounts to the Securities and Exchange Commission within 30 days after entry of
this Judgment. Defendant may transmit payment electronically to the
Commission, which will provide detailed ACH transfer/Fedwire instructions upon
request. Payment may also be made directly from a bank account via Pay.gov
through the SEC website at http://www.sec.gov/about/offices/ofm.htm. Defendant
may also pay by certified check, bank cashier’s check, or United States postal
money order payable to the Securities and Exchange Commission, which shall be
delivered or mailed to

Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
and shall be accompanied by a letter identifying the case title, civil action number,
and name of this Court; the specific name of the Defendant as the defendant in this
action making the payment; and specifying that payment is made pursuant to this
Judgment.
Defendant shall simultaneously transmit photocopies of evidence of
payment and case identifying information to the Commission’s counsel in this
action. By making the payment, Defendant relinquishes all legal and equitable
right, title, and interest in such funds and no part of the funds shall be returned.
The Commission shall send the funds paid pursuant to this Judgment to the United
States Treasury.
The Commission may enforce the Court’s Judgment for disgorgement by
moving for civil contempt (and/or through other collection procedures authorized
by law) at any time after 30 days following entry of this Judgment. Defendant
shall pay post judgment interest on any delinquent amounts pursuant to 28 U.S.C.
§ 1961.

II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this
Court will retain jurisdiction over this matter and over the Defendant, in order to
implement and carry out the terms of all Orders and Decrees that may be entered,
including this Judgment.
III.
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: September 9, 2019