Opinion
1:21-cv-05040
08-22-2022
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. JAMES R. COLLINS AND ROBERT F. DIMEO, Defendants.
David A. Nasse (pro hac vice) Christopher E. Martin (pro hac vice) Jonathan Polish U.S. SECURITIES & EXCHANGE COMMISSION Attorneys for the Plaintiff
David A. Nasse (pro hac vice)
Christopher E. Martin (pro hac vice)
Jonathan Polish
U.S. SECURITIES & EXCHANGE COMMISSION
Attorneys for the Plaintiff
MOTION FOR ENTRY OF PLAINTIFF'S UNOPPOSED MOTION FOR ENTRY OF JUDGMENT AGAINST DEFENDANT ROBERT F. DIMEO
HONORABLE EDMOND E. CHANG, JUDGE.
Plaintiff, U.S. Securities and Exchange Commission (“SEC”) respectfully moves for the entry of judgement against Defendant Robert F. DiMeo (“Defendant DiMeo”). In support of this unopposed motion, the SEC states as follows:
1. Defendant DiMeo has pleaded guilty to criminal conduct relating to certain matters alleged in the complaint in this action. Specifically, in United States v. Collins et al., 20-cr-232 (N.D. IL, Guzman J.) Defendant DiMeo pleaded guilty to one count of mail fraud in violation of 18 U.S.C. § 1341 and for purposes of computing his sentence only, stipulated to committing an additional offense of bank fraud in violation of 18 U.S.C. § 1344. In connection with that plea, Defendant DiMeo admitted the facts set out in the plea agreement that is appended to the Consent attached hereto as Exhibit 1.
2. Defendant DiMeo's sentencing in the aforementioned criminal matter has not yet been scheduled.
3. In light of the foregoing, the SEC and Defendant DiMeo have reached a bifurcated settlement that resolves all non-monetary relief and sets up a framework, if these parties are unable resolve the monetary claims after Defendant DiMeo has been criminally sentenced, for the Court to resolve the SEC's monetary claims against Defendant DiMeo.
4. Defendant DiMeo has consented to the entry of judgment against him, Exhibit 1 is an executed copy of the Consent.
5. Exhibit 2 is a proposed judgement as to Defendant DiMeo.
6. With regard to the non-monetary relief, Defendant DiMeo has agreed to, among other things, permanent injunctions to not violate certain provisions of the federal securities laws and from serving as an officer or director of a public company. Exhibit 2 ¶¶ I-III.
7. With regard to the monetary relief, Defendant DiMeo has agreed that, among other things, upon the SEC's Motion the Court shall determine whether it is appropriate to order (and if so, the amounts) disgorgement of ill-gotten gains, prejudgment interest, and/or a civil penalty pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)]. Id., ¶ IV.
8. Defendant DiMeo consents to this motion.
The SEC has not conferred with counsel for defendant James R. Collins as this motion relates only to Defendant DiMeo.
WHEREFORE, the SEC respectfully moves for the entry of judgment against Defendant Robert F. DiMeo.