Securities and Exchange Commission v. Femenia et al

Filing 398

ORDER re 396 Order on Motion for Reconsideration. Signed by Senior Judge Graham Mullen on 10/15/2019. (ctb)

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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. ORDER WHEREAS, the Court entered a judgment on September 9, 2019 ordering Defendant Matthew J. Musante to pay disgorgement in a total amount of 1,661,000 [Dkt. 394]; WHEREAS, following a Motion for Reconsideration [Dkt. 395], the Court amended its prior judgment to reduce the total amount of disgorgement to $1,369,137.50 consisting of the money held in two TD Ameritrade accounts frozen by the Plaintiff [Dkt. 396]; WHEREAS, TD Ameritrade has requested clarification of the Court’s judgment and order, and the applicable parties have sought and consented to the Court’s entry of this order; NOW IT IS HEREBY ORDERED as follows: 1. With respect to the TD Ameritrade account owned by Matthew Musante and ending in 9118, the amount of $495,530.68 shall be transferred from that TD Ameritrade account to the recipient Plaintiff as set forth in Section 6 below and shall be used to reduce the $1,369,137.50 disgorgement ordered. 2. With respect to the TD Ameritrade account owned by Anthony and Christine Musante and ending in 8310, an amount totaling $873,606.82, constituting the remaining balance of the $1,369,137.50, shall be transferred from that TD Ameritrade to the recipient Plaintiff as set forth in Section 6 below and shall be used to pay the balance of the disgorgement amount owed. 3. All other remaining balances in any and all TD Ameritrade accounts owned by Matthew Musante, Anthony Musante, and Christine Musante shall be transferred to the owner(s) of such accounts. 4. To the extent applicable, all other bank and brokerage accounts of Matthew Musante shall be unfrozen. 5. The FedEx/Vanguard IRA account, Plan number 09311of Anthony Musante shall also be unfrozen with Anthony Musante having full access and control over that account. 6. TD Ameritrade may transmit the foregoing payments set forth in Sections 1 and 2 above directly from a bank account via through the SEC website at, or 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 Matthew Musante as the defendant in this action making the payment; and specifying that payment is made pursuant to the Court’s October 8, 2019 order. TD Ameritrade shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission’s counsel in this action. 7. Unless specifically addressed herein, all other orders entered by the Court in its September 9, 2019 Judgment [Dkt. 394] and October 8, 2019 Order [Dkt. 396] shall remain in full force and effect as if fully set forth herein. Signed: October 15, 2019

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