Opinion
CASE NO.: 2:12-cv-00371-APG-GWF
05-15-2013
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. PRIME STAR GROUP, INC., ROGER MOHLMAN, DANNY COLON, MARYSOL MORERA, FELIX RIVERA, DC INTERNATIONAL CONSULTING LLC, KEVIN CARSON, ESPER GULLATT, JR., THE STONE FINANCIAL GROUP, INC. and JOSHUA KONIGSBERG, Defendants.
Christine Nestor Attorney for Plaintiff
Christine Nestor
Attorney for Plaintiff
FINAL JUDGMENT
(as to Marysol Morera)
FINAL JUDGMENT AND ORDER GRANTING PLAINTIFF'S MOTION TO
SET A CIVIL PENALTY AGAINST DEFENDANT MARYSOL MORERA
THIS MATTER is before the Court on Plaintiff Securities and Exchange Commission's Motion and Memorandum of Law For a Final Judgment Setting Civil Penalty Amounts Against Defendant Marysol Morera and others. (D.E. 52). No Opposition to the Motion has been filed.
This Court previously entered an Order and Judgment including an injunction, a penny stock bar, civil penalty, and other relief against Morera. (D.E. 47). The Order provides the Court shall determine the amount of civil money penalty Morera shall pay, upon the Commission's motion, pursuant to Section 20(d) of the Securities Act of 1933 ("Securities Act"), 15 U.S.C. § 77t(d).
UPON CONSIDERATION of the Commission's Motion and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion is GRANTED.
CIVIL PENALTY
IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to Section 20(d) of the Securities Act, Morera is liable for a civil penalty in the amount of $397,442.13; and $210,379.01 of which amount she is liable on a joint and several basis with defendant Danny Colon.
The total amount, $397,442.13, shall be due and payable within ten days of entry of the Final Judgment.
Morera 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 SEC website at http://www.sec.gov/about/offices/ofm.htm. Morera 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 Centerand shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Morera as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment.
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
Morera shall simultaneously transmit photocopies of such payment and letter to Christine Nestor, Esq., U.S. Securities and Exchange Commission, 801 Brickell Avenue, Suite 1800, Miami, FL 33131. Morera shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. The Commission shall remit the funds paid pursuant to this paragraph to the United States Treasury.
Morera shall not seek or accept, directly or indirectly, reimbursement or indemnification from any source, including but not limited to payment made pursuant to any insurance policy, with regard to any civil penalty amounts that Morera pays pursuant to the Final Judgment, regardless of whether such penalty amounts or any part thereof are added to a distribution fund or otherwise used for the benefit of investors. Morera further shall not claim, assert, or apply for a tax deduction or tax credit with regard to any federal, state, or local tax for any penalty amounts that Morera pays pursuant to the Final Judgment, regardless of whether such penalty amounts or any part thereof are added to a distribution fund or otherwise used for the benefit of investors.
DONE AND ORDERED in Chambers at Las Vegas, Nevada, this 15th day of May, 2013.
______________________
HONORABLE ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
Copies to counsel and parties of record