United States District Court, S.D. California
November 4, 2005.
SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
STEVEN E. MUTH and DOOR CHAIR, LTD, Defendants.
The opinion of the court was delivered by: WILLIAM HAYES, District Judge
[AMENDED PROPOSED FINAL JUDGMENT OF DISGORGEMENT AND IMPOSING
A CIVIL PENALTY AGAINST STEVEN E. MUTH
TO DEFENDANT STEVEN E. MUTH:
Pursuant to the Court's Order Granting Plaintiff Securities And
Exchange Commission's Motion For Summary Judgment Of Disgorgement
And Imposing A Civil Penalty Against Defendant Steven E. Muth:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Muth is liable
for disgorgement of $1,497,343, together with prejudgment
interest thereon in the amount of $545,214, totaling $2,042,557,
and a third tier civil penalty of $110,000 pursuant to Section
20(d)(3) of the Securities Act, 15 U.S.C. § 77t(d)(3). Muth shall satisfy this obligation by
paying $2,152,557 within ten days of the date of entry of this
Final Judgment in the form of a cashier's check, certified check
or postal money order payable to the Treasury of the United
States, together with a cover letter that identifies the
defendant, the name and case number of this litigation and the
court. A copy of the cover letter shall be simultaneously
transmitted to counsel for the Commission in this action at the
Commission's Pacific Regional Office in Los Angeles, California.
By making this payment, Muth relinquishes all legal and equitable
right, title, and interest in such funds, and no part of the
funds shall be returned to Muth.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Commission
may propose a plan to distribute funds paid by the Defendant in
satisfaction of this Final Judgment subject to the Court's
approval. Such a plan may provide that the funds shall be
distributed pursuant to the Fair Fund provisions of Section
308(a) of the Sarbanes-Oxley Act of 2002. Regardless of whether
any such Fair Fund distribution is made, the amounts ordered to
be paid as a civil penalty pursuant to this Final Judgment shall
be treated as a penalty paid to the government for all purposes,
including all tax purposes.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Court
shall retain jurisdiction over this action for all purposes,
including to implement and enforce the terms of this Final
Judgment and all other orders and decrees which have been and may
be entered in this case, and to grant such other relief as this
Court may deem necessary and just. IV.
There being no just reason for delay, the Clerk of the Court is
directed, pursuant to Fed.R.Civ.P. 54(b), to enter this Final
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