UNITED STATES OF AMERICA

before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 99702 / March 11, 2024

Admin. Proc. File No. 3-20659

In the Matter of 

HUGHE DUWAYNE GRAHAM

ORDER DIRECTING SUBMISSION FROM THE DIVISION OF ENFORCEMENT

On July 21, 2023, the Securities and Exchange Commission issued an amended order 

instituting administrative proceedings (“OIP”) against Hughe Duwayne Graham, pursuant to 

Section 15(b) of the Securities Exchange Act of 1934.1 The OIP was served on Graham on 

September 27, 2023, but he did not file an answer.

On December 22, 2023, the Commission issued an order requiring Graham to show cause

by January 5, 2024, why he should not be deemed to be in default and why this proceeding

should not be determined against him due to his failure to file an answer and to otherwise defend

this proceeding.2 If Graham did not file a response, the order required the Division of 

Enforcement to file a motion for entry of an order of default and the imposition of remedial 

sanctions by February 2, 2024.

3

 The Division has not filed the required motion despite 

Graham’s failure to respond to the show-cause order.

Accordingly, the Division of Enforcement is ORDERED to file a motion for entry of an 

order of default and the imposition of remedial sanctions by April 8, 2024. The Division’s 

motion should comply with the requirements set forth in the Commission’s December 22, 2023, 

order.

4

 The parties may file opposition and reply briefs within the deadlines provided by the 

Rules of Practice.5

 The failure to timely oppose a dispositive motion is itself a basis for a 

1 Hughe Duwayne Graham, Exchange Act Release No. 97963, 2023 WL 4682613, at *2-6

(July 21, 2023). 

2 Hughe Duwayne Graham, Exchange Act Release No. 99233, 2023 WL 8877629, at *1

(Dec. 22, 2023).

3 Id.

4 See id.

5 See Rules of Practice 154, 160, 17 C.F.R. §§ 201.154, .160. 
2 

finding of default;6 it may result in the determination of particular claims, or the proceeding as a 

whole, adversely to the non-moving party and may be deemed a forfeiture of arguments that 

could have been raised at that time.7

The parties’ attention is directed to the e-filing requirements in the Rules of Practice.8 

We also remind the parties that any document filed with the Commission must be served upon all 

participants in the proceeding and be accompanied by a certificate of service.9

6

 See Rules of Practice 155(a)(2), 180(c), 17 C.F.R. §§ 201.155(a)(2), .180(c); see, e.g., 

Behnam Halali, Exchange Act Release No. 79722, 2017 WL 24498, at *3 n.12 (Jan. 3, 2017). 

7

 See, e.g., McBarron Capital LLC, Exchange Act Release No. 81789, 2017 WL 4350655, 

at *3-5 (Sep. 29, 2017); Bennett Grp. Fin. Servs., LLC, Exchange Act Release No. 80347, 2017 

WL 1176053, at *2-3 (Mar. 30, 2017), abrogated in part on other grounds by Lucia v. SEC, 138 

S. Ct. 2044 (2018); Apollo Publ’n Corp., Securities Act Release No. 8678, 2006 WL 985307, at 

*1 n.6 (Apr. 13, 2006). 

8

 See Rules of Practice 151, 152(a), 17 C.F.R. §§ 201.151, .152(a) (providing procedure for 

filing papers with the Commission and mandating electronic filing in the form and manner 

posted on the Commission’s website); Instructions for Electronic Filing and Service of 

Documents in SEC Administrative Proceedings and Technical Specifications, 

https://www.sec.gov/efapdocs/instructions.pdf. Parties generally also must certify that they have 

redacted or omitted sensitive personal information from any filing. Rule of Practice 151(e), 

17 C.F.R. § 201.151(e). 

9

 See Rule of Practice 150, 17 C.F.R. § 201.150 (generally requiring parties to serve each 

other with their filings); Rule of Practice 151(d), 17 C.F.R. § 201.151(d) (“Papers filed with the 

Commission . . . shall be accompanied by a certificate stating the name of the person or persons 

served, the date of service, the method of service, and the mailing address or email address to 

which service was made, if not made in person.”). 
3

For the Commission, by the Office of the General Counsel, pursuant to delegated 

authority.

Vanessa A. Countryman

Secretary