Opinion
19-cv-5705 (MKV)
09-20-2022
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ANATOLY HURGIN, ALEXANDER AUROVSKY, ABILITY COMPUTER & SOFTWARE INDUSTRIES LTD, and ABILITY INC., Defendants.
ORDER DENYING WITHOUT PREJUDICE SEC MOTION FOR MONETARY RELIEF
MARY KAY VYSKOCIL, DISTRICT JUDGE
On September 6, 2022, the Court held oral argument on the motion of the SEC for monetary relief against defendants Ability, Inc. and Ability Computer & Software Industries Ltd. [ECF Nos. 101, 141, 142, 155, 166-169]. After carefully considering the arguments in the parties' briefs and the parties' representations at the oral argument, the Court DENIED without prejudice to later renewal the motion for monetary relief. As the Court explained on the record at the oral argument, there are a number of reasons not to grant the SEC's motion at this time, including principles of international comity and the SEC's admission that the money on which the SEC seeks to impose a constructive trust was placed in escrow for the benefit of the individual defendants, who have yet to be found liable of any fraud. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 101.
SO ORDERED.