UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:20-cv-22901-DPG

SECURITIES AND EXCHANGE COMMISSION, 

Plaintiff,

v.

THUNDERBIRD POWER CORP., 

RICHARD HINDS, ANTHONY GOLDSTEIN,

and JOHN ALEXANDER VAN AREM,

Defendants.

_____________________________________________/

FINAL JUDGMENT AGAINST DEFENDANT THUNDERBIRD POWER CORP.

This cause comes before the Court upon Plaintiff Securities and Exchange Commission’s 

Motion for Default Final Judgment Against Defendant Thunderbird Power Corp. (“Thunderbird”)

(the “Motion”). [ECF No. 111]. The Court has considered the Motion and the record and is 

otherwise fully advised. Based thereon, the Court finds that good cause exists for entry of the 

Final Judgment. Accordingly, the Commission’s Motion is GRANTED. The Court further finds 

and orders as follows: 

I. FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. This Court has personal jurisdiction over Thunderbird and the subject matter of this 

action. Venue is proper in the Southern District of Florida.

2. Thunderbird waived service of the Summons and Complaint, and filed its Answer 

and Affirmative Defenses on October 5, 2020, [ECF No. 21], an Amended Answer and 

Affirmative Defenses on October 29, 2020, [ECF No. 26], and a Second Amended Answer on 

April 8, 2021. [ECF No. 50].

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3. Discovery ensued, but in May 2021, Thunderbird’s counsel moved to withdraw, 

stating his client had terminated him because of a conflict of interest and could not pay its bills.

[ECF No 58]. The Court referred the Motion to the Magistrate Judge. [ECF No. 64].

4. After briefing, the Magistrate granted the motion to withdraw on June 21, 2021. 

[ECF No. 71]. In the Order, the Magistrate gave Thunderbird 20 days to find new counsel, and 

warned of the consequences if no new counsel appeared:

Thunderbird has 20 days from the date of this Order to have new counsel enter an 

appearance on its behalf. As a corporation, Thunderbird is an artificial entity that can only 

act though agents; it cannot appear pro se and must be represented by counsel. See 

Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). Failure to have new 

counsel appear by the prescribed date may subject Thunderbird to the entry of default.

ECF No. 71 at 1-2. 

5. The 20 days expired on Monday, July 12, 2021, and no new counsel appeared. The 

Commission filed a motion asking the Court to direct the Clerk to enter a default against 

Thunderbird [ECF No. 72]. The Court granted the motion [ECF No. 73], and on July 16, 2021, 

the Clerk entered the default [ECF No. 75].

6. The Commission then filed a motion for a default judgment of permanent injunction 

and other relief on July 22, 2021. [ECF No. 81]. The Court granted the motion and entered a 

Default Judgment of Permanent Injunction and Other Relief against the Company six days later 

[ECF No. 82]. 

7. By virtue of its default and failure to appear and otherwise defend following the 

Magistrate’s withdrawal order, Thunderbird is deemed to have admitted the allegations of the 

Complaint pertaining to liability. Jackson v. FIE Corp., 302 F.3d 515, 524 (5th Cir. 2002).

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II. DISGORGEMENT, PREJUDGMENT INTEREST, AND CIVILPENALTY

IT IS FURTHER ORDERED AND ADJUDGED that Thunderbird is liable to the 

Commission for $1,037,243 in disgorgement, representing net profits gained as a result of the 

conduct alleged in the Complaint, prejudgment interest on disgorgement of $129,933, and a civil 

penalty of $500,000 pursuant to Section 20(d) of the Securities Act of 1933 [15 U.S.C. § 77t(d)] 

and Section 21(d)(3) of the Securities Exchange Act of 1934 [15 U.S.C. § 78u(d)(3)]. 

Thunderbird shall pay the total of $1,667,176 to the Commission within 30 days of entry 

of this Final Judgment. Thunderbird 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. Thunderbird 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 Center

Accounts Receivable Branch

6500 South MacArthur Boulevard 

HQ Bldg. Room 265, AMK-326

Oklahoma City, OK 73169

and shall be accompanied by a letter identifying the case title, civil action number, name of this 

Court, and Thunderbird Power Corp. as a defendant in this action; and specifying that payment is 

made pursuant to this Final Judgment. 

Thunderbird shall simultaneously transmit photocopies of evidence of payment and case 

identifying information to the Commission’s counsel in this action, Robert K. Levenson, Senior 

Trial Counsel, Securities and Exchange Commission, 801 Brickell Avenue, Suite 1950, Miami, 

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FL 33131. By making this payment, Thunderbird relinquishes all legal and equitable right, title, 

and interest in such funds and no part of the funds shall be returned to Thunderbird. 

 The Commission may enforce the Court’s judgment for disgorgement and prejudgment 

interest by using all collection procedures authorized by law, including, but not limited to, moving 

for civil contempt at any time after 30 days following entry of this Final Judgment. The 

Commission may enforce the Court’s judgment for penalties by the use of all collection procedures 

authorized by law, including the Federal Debt Collection Procedures Act, 28 U.S.C. § 3001 et seq.,

and moving for civil contempt for the violation of any Court orders issued in this action. 

Thunderbird shall pay post judgment interest on any amounts due after 30 days of the entry of this 

Final Judgment pursuant to 28 U.S.C. § 1961. The Commission shall hold the funds, together with 

any interest and income earned thereon (collectively, the “Fund”), pending further order of the 

Court. 

The Commission may propose a plan to distribute the Fund subject to the Court’s approval. 

Such a plan may provide that the Fund shall be distributed pursuant to the Fair Fund provisions of 

Section 308(a) of the Sarbanes-Oxley Act of 2002. The Court shall retain jurisdiction over the 

administration of any distribution of the Fund and the Fund may only be disbursed pursuant to an 

Order of the Court. 

Regardless of whether any such Fair Fund distribution is made, amounts ordered to be paid 

as civil penalties pursuant to this Final Judgment shall be treated as penalties paid to the 

government for all purposes, including all tax purposes. To preserve the deterrent effect of the 

civil penalty, Thunderbird shall not, after offset or reduction of any award of compensatory 

damages in any Related Investor Action based on Thunderbird’s payment of disgorgement in this 

action, argue that it is entitled to, nor shall it further benefit by, offset or reduction of such 

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compensatory damages award by the amount of any part of Thunderbird’s payment of a civil 

penalty in this action (“Penalty Offset”). If the court in any Related Investor Action grants such a 

Penalty Offset, Thunderbird shall, within 30 days after entry of a final order granting the Penalty 

Offset, notify the Commission’s counsel in this action and pay the amount of the Penalty Offset to 

the United States Treasury or to a Fair Fund, as the Commission directs. Such a payment shall not 

be deemed an additional civil penalty and shall not be deemed to change the amount of the civil 

penalty imposed in this Final Judgment. For purposes of this paragraph, a “Related Investor 

Action” means a private damages action brought against Thunderbird by or on behalf of one or 

more investors based on substantially the same facts as alleged in the Complaint in this action.

III. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED AND ADJUDGED that this Court shall retain jurisdiction 

of this matter and over Thunderbird in order to implement and carry out the terms of this Final 

Judgment and all Orders and Decrees that may be entered, to entertain any suitable application or 

motion for additional relief within the jurisdiction of this Court, and to order any other relief that 

this Court deems appropriate under the circumstances

IV. RULE 54(b) CERTIFICATION

There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil 

Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice.

DONE AND ORDERED in Chambers at Miami, Florida, this 21st day of January, 2022. 

________________________________

DARRIN P. GAYLES

UNITED STATES DISTRICT JUDGE

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