LYNN M. DEAN, Cal. Bar No. 205562, WILLIAM S. FISKE, Cal. Bar. No. 123071 JS-6, Attorneys for Plaintiff Securities and Exchange Commission Michele Wein Layne, Regional Director Lorraine B. Echavarria, Associate Regional Director John W. Berry, Regional Trial Counsel Los Angeles, California.
FINAL JUDGMENT AS TO DEFENDANT BRYAN SHAW
R. GARY KLAUSNER, District Judge.
The Securities and Exchange Commission ("Commission") having filed a Complaint and Defendant Bryan Shaw having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment:
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Judgment by personal service or otherwise are 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 Defendant is liable for disgorgement of $1.27 million, representing profits gained as a result of the conduct alleged in the Complaint. The payment of disgorgement in this case shall be deemed satisfied by the entry of an order of restitution in the parallel criminal action, United States v. Bryan Shaw, Case No. CR13-10314 (C.D. Cal.). In the event that Defendant is not ordered to pay restitution in the criminal matter, Defendant shall satisfy this obligation by paying $1.27 million to the Commission within 14 days after his sentencing hearing in United States v. Bryan Shaw, Case No. CR13-10314 (C.D. Cal.).
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 Commission 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
and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Bryan Shaw as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment.
Defendant shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission's counsel in this action. By making this payment, Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendant. The Commission ...