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)
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 Pay.gov through the SEC
website at http://www.sec.gov/about/offices/ofm.htm, 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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