Opinion
12 Civ. 6421 (KMK)
09-15-2022
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. EDWARD BRONSON, E-LIONHEART ASSOCIATES, LLC, d/b/a FAIRHILLS CAPITAL Defendants and FAIRHILLS CAPITAL, INC. Relief Defendant.
APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT
Pursuant to Rule 69 of the Federal Rules of Civil Procedure and New York law, including NY CPLR §§ 5201, et seq., the Securities and Exchange Commission (“SEC”) hereby requests the issuance of a writ of garnishment to collect disgorgement, prejudgment interest and post-judgment interest thereon owed to the SEC by the Defendant in connection with the Judgment issued in the above captioned matter and directed to: Matthews Acquisitions LLC c/o Bruce Bent.
Based on information and belief, the SEC believes that the Garnishee has possession, custody or control of property in which Defendant Edward Bronson has a non-exempt interest.
In support of its application, the SEC would show the Court as follows:
Defendant's Name. Edward Bronson
Defendant's SSN: XXXX-XX-2117
Defendant's Last Known Address: Westchester, NY.
Date of Judgment: August 28, 2017
Nature of Judgment: Final Judgment
Judgment Amounts:
Disgorgement (joint and several): $10,000,271.79
Prejudgment interest: $2,328,131.96
Penalty: $150,000
Joint and Several Disgorgement and Interest outstanding as of September 2, 2022: $9,964,670.09
Interest rate as of September 6, 2022: 1.23%.
The penalty has been satisfied.
Dated September 8, 2022
By: s/ Maureen Peyton King Maureen Peyton King Senior Trial Counsel Securities and Exchange Commission New York Regional Office 100 Pearl Street, Suite 20-100 New York, New York 10004 Tel.: 212-336-0111 E-mail: kingmp@sec.gov
POST-JUDGMENT WRIT OF GARNISHMENT
TO: Garnishee, Matthews Acquisitions LLC c/o Bruce Bent c/o Paul Goodman, Esq. Cyruli Shanks & Zizmor, LLP 420 Lexington Avenue, Suite 2320 New York, NY 10170
REQLTESTED BY: Securities and Exchange Commission Maureen Peyton King Securities and Exchange Commission New York Regional Office 100 Pearl Street, Suite 20-100 New York, New York 10004
ISSUED PURSUANT TO: Rule 69 of the Federal Rules of Civil Procedure and applicable state law, NY CPLR 5201, et seq.
The Court having reviewed the Plaintiffs Application for Post-Judgment Writ of Garnishment, hereby issues this Post-Judgment Writ of Garnishment. The Securities and Exchange Commission (“SEC”) has information indicating that Garnishee may have possession, custody or control of property' in which Defendant has a nonexempt interest.
Pending further order of this Court. Garnishee is hereby directed to withhold and retain any property in its possession, custody or control in which Defendant has an interest at the time this Writ is served or in which the Defendant may obtain an interest in the future, including Defendant's non-exempt disposable earnings. If Garnishee fails to withhold property in accordance with this Writ, Garnishee may be held in contempt by the Court or subject to other sanctions. This Writ of Garnishment is a continuing writ. Instructions are attached to and should be considered part of this writ.
To assist the Garnishee with its obligations under this Writ, the following information is provided:
Defendant's Name: Edward Bronson
Defendant's SSN: XXXX-XX-2117
Defendant's Last Known Address: Westchester, NY.
Date of Judgment: August 28, 2017
Nature of Judgment: Final Judgment
Judgment .Amounts:
Disgorgement (joint and several): $10,000,271.79
Prejudgment interest: $2,328,131.96
Penalty: $150,000
Joint and Several Disgorgement and
Interest outstanding as of September 2, 2022: $9,964,670.09 Interest rate: 1.23% as of September 6, 2022.
IT IS SO ORDERED.
INSTRUCTIONS TO GARNISHEE
You have been served with a Writ of Garnishment pursuant to Rule 69 of the Federal Rules of Civil Procedure and applicable New York laws referenced herein. Please see the instructions below and the attached sample answer.
LEVY ON MONEY
Pursuant to NY CPLR § 5201, A money judgment may be enforced against any property which could be assigned or transferred, whether it consists of a present or future right or interest and whether or not it is vested, unless it is exempt from application to the satisfaction of the judgment.
IF VOL ARE. DEFENDANT'S EMPLOYER
The amount of nonexempt earnings which may be withheld pursuant to a Writ of Garnishment is defined by the Consumer Credit Protection Act, 15 U.S.C. § 1673, which provides generally that for a given week of employment, the lesser of 25% of disposable earnings for the week or that amount of disposable earnings for the week in excess of 30 times the minimum wage as set by 29 U.S.C. § 206(a)(1) may be withheld. The Secretary of Labor has promulgated regulations to assist you in calculating the maximum amount of nonexempt earnings that can be withheld. See Code of Federal Regulations, Title 29, Labor; Subtitle B, Regulations Relating to Labor; Chapter V, Wage and Hour Division, Department of Labor; Subchapter D, Garnishment of Earnings; Part 870, Restriction on Garnishment.
An employer shall immediately give the designated defendant a copy of this order.
You may contact the attorney listed on the face of the Writ of Garnishment if you need additional assistance in determining the maximum amount of earnings to withhold. Pursuant to 15 U.S.C. § 1674, you may not discharge Defendant because his earnings have been garnished.