United States District Court, C.D. California
U.S. COMMODITY FUTURES TRADING COMMISSION Plaintiff
v.
RALPH METTERS, aka MALACHAI “MOE” LEVY, Defendant.
Jennifer E. Smiley, Illinois Bar #6275940 Ava M. Gould,
Illinois Bar # 6194202 Rosemary Hollinger, Illinois Bar
#3123647 Attorneys for Plaintiff U.S. Commodity Futures
Trading Commission
Kent
Kawakami, California Bar #149803 Assistant United States
Attorney United States Attorney’s Office
CONSENT ORDER FOR PERMANENT INJUNCTION, CIVIL
MONETARY PENALTY AND OTHER EQUITABLE RELIEF
Hon.
Manuel L. Real
I.
INTRODUCTION
On
August 20, 2014, Plaintiff Commodity Futures Trading
Commission (“CFTC” or “Commission”)
filed a Complaint for Injunctive and Other Equitable Relief
and Penalties Under the Commodity Exchange Act
(“Complaint”) against Defendant Ralph Metters,
aka Malachai “Moe” Levy seeking injunctive and
other equitable relief, as well as the imposition of civil
penalties, for violations of the Commodity Exchange Act
(“Act”), 7 U.S.C. §§1 et seq.
(2012). The Court entered a Consent Order for preliminary
Injunction against the Defendant on January 2, 2014. On May
16, 2016, in a related criminal action, entitled United
States of America v. Malachai Levy, aka Ralph Maurice
Metters, No. 14-cr-00635-JFW, (C.D. Cal.), a federal
district court ordered that the Defendant pay restitution in
connection with the same conduct at issue in this action.
II.
CONSENTS AND AGREEMENTS
To
effect settlement of all charges alleged in the Complaint
against the Defendant without a trial on the merits of any
further judicial proceedings, Defendant Ralph Metters, aka
Malachai “Moe” Levy:
1.
Consents to the entry of this Consent Order for Permanent
Injunction, Civil Monetary Penalty and other Equitable Relief
(“Consent Order”);
2.
Affirms that he has read and agreed to this Consent Order
voluntarily, and that no promise, other than as specifically
contained herein, or threat, has been made by the Commission
or any member, officer, agent, or representative thereof, or
by any other person, to induce consent to this Consent Order;
3.
Acknowledges service of the summons and Complaint;
4.
Admits the jurisdiction of this Court over him and the
subject matter of this action pursuant to Section 6c(a) of
the Act, 7 U.S.C. § 13a-1(a) (2012);
5.
Admits the jurisdiction of the Commission over the conduct
and transactions at issue in this action pursuant to the Act,
7 U.S.C. §§ 1 et seq. (2012);
6.
Admits that venue properly lies with this Court pursuant to
Section 6c(e) of the
Act, 7
U.S.C. § 13a-1(e) (2012); 7. Waives:
a. Any and all claims that he may possess under the Equal
Access to Justice Act, 5 U.S.C. § 504 (2012) and 28
U.S.C. § 2412 (2012), and/or the rules promulgated by
the Commission in conformity therewith, Part 148 of the
Regulations, 17 C.F.R. §§ 148.1 et seq. (2014),
relating to, or arising from, this action;
b. Any and all claims that he may possess under the Small
Business Regulatory Enforcement Fairness Act of 1996, Pub. L.
No. 104-121, §§ 201-253, 110 Stat. 847, 857-868
(1996), as amended by Pub. L. No. 110-28, § 8302, 121
Stat. 112, 204-205 (2007), relating to, or arising from, this
action;
c. Any claim of Double jeopardy based upon the institution of
this action or the entry of any order imposing a civil
monetary penalty or any other relief, including this Consent
Order; and
d. Any and all rights of appeal from this action;
8.
Consents to the continued jurisdiction of this Court over him
for the purpose of implementing and enforcing the terms and
conditions of this Consent order and for any other purpose
relevant to this action, even if Defendant not or in the
future resides outside the jurisdiction of this Court;
9.
Agrees that he will not oppose enforcement of this Consent
Order on the ground, if any exists, that it fails to comply
with Rule 65(d) of the Federal Rules of Civil Procedure and
hereby waives any objection based thereon;
10.
Agrees that neither he nor any of his agents or employees
under his authority or control shall take any action or make
any public statement denying, directly or indirectly, any
allegation in the Complaint or the Findings of Fact or
Conclusions of Law in this Consent Order, or creating or
tending to create the impression that the Complaint and/or
this Consent Order is without a factual basis; provided,
however, that nothing in this provision shall effect his: (a)
testimonial obligations, or (b) right to take legal positions
in other proceedings to which the Commission is not a party.
Defendant shall undertake all steps necessary to ensure that
all of his agents and/or employees under his authority or
control understand and comply with this agreement;
11. In
United States of America v. Malachai Levy, aka Ralph
Maurice Metters, No. 14-cr-00635-JFW, (C.D. Cal., Jan
30, 2015) (the “Criminal Action”), Defendant
pleaded guilty to Conspiracy to Commit Wire Fraud, in
violation of 18 U.S.C. § 1349. In connection with that
plea, Defendant admitted the facts set out in the transcript
of his plea allocution, a copy of which is attached as
Exhibit A to this order, and those same facts are admitted as
if set forth in this Consent Order.
12.
Agrees to provide immediate notice to this Court and the
Commission by certified mail, in the manner required by
paragraph 51 in Part VI of this Consent Order, of any
bankruptcy proceeding filed by, on behalf of, or against him
whether inside or outside the United States; and
13.
Agrees that no provision of this Consent Order shall in any
way limit or impair the ability of any other person or entity
to seek legal or equitable remedy against Defendant in any
other proceeding.
III.
FINDINGS ...