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 RICHARD HINDS

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

Unopposed Motion for Final Judgment Against Defendant Richard Hinds (“Motion”). [ECF No. 

110]. By the Consent of Defendant Richard Hinds to Final Judgment (“Consent”) attached hereto, 

without admitting or denying the allegations of the Complaint (except that Hinds admits the 

jurisdiction of this Court over him and over the subject matter of this action and as otherwise set 

forth in Section V below), Hinds has waived service of a summons and the Complaint, entered a 

general appearance, consented to entry of this Final Judgment, waived findings of fact and 

conclusions of law, and waived any right to appeal from this Final Judgment. The Court finds that 

good cause exists for entry of the Final Judgment. Accordingly, the Commission’s Motion is 

GRANTED. The Court further orders as follows: 

I.

DISGORGEMENT, PREJUDGMENT INTEREST, AND CIVILPENALTY

IT IS ORDERED AND ADJUDGED that Hinds is liable for disgorgement of $261,028, 

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representing net profits gained as a result of the conduct alleged in the Complaint, together with 

prejudgment interest thereon in the amount of $24,394, for a total of $285,422. Based on Hinds’

sworn representations in his Statement of Financial Condition dated October 14, 2021, and other 

documents and information submitted to the Commission, however, the Court is not ordering 

Hinds to pay a civil penalty and payment of all but $250,000 of the disgorgement and pre-judgment 

interest thereon is waived. The determination not to impose a civil penalty and to waive payment 

of all but $250,000 of the disgorgement and pre-judgment interest is contingent upon the accuracy 

and completeness of Hinds’ Statement of Financial Condition. If at any time following the entry 

of this Final Judgment the Commission obtains information indicating that Hinds’ representations 

to the Commission concerning his assets, income, liabilities, or net worth were fraudulent, 

misleading, inaccurate, or incomplete in any material respect as of the time such representations 

were made, the Commission may, at its sole discretion and without prior notice to Hinds, petition 

the Court for an order requiring Defendant to pay the unpaid portion of the disgorgement, prejudgment and post-judgment interest thereon, and the maximum civil penalty allowable under the 

law. In connection with any such petition, the only issue shall be whether the financial information 

provided by Hinds was fraudulent, misleading, inaccurate, or incomplete in any material respect 

as of the time such representations were made. In its petition, the Commission may move this 

Court to consider all available remedies, including, but not limited to, ordering Hinds to pay funds 

or assets, directing the forfeiture of any assets, or sanctions for contempt of this Final Judgment. 

The Commission may also request additional discovery. Hinds may not, by way of defense to 

such petition: (1) challenge the validity of the Consent or this Final Judgment; (2) contest the 

allegations in the Complaint filed by the Commission; (3) assert that payment of disgorgement, 

pre-judgment and post-judgment interest or a civil penalty should not be ordered; (4) contest the 

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amount of disgorgement and pre-judgment and post-judgment interest; (5) contest the imposition 

of the maximum civil penalty allowable under the law; or (6) assert any defense to liability or 

remedy, including, but not limited to, any statute of limitations defense. Hinds shall also pay postjudgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.

Hinds shall pay the total of $250,000 in disgorgement and prejudgment interest in 13 

installments to the Commission according to the following schedule: (1) $40,000 (to be escrowed 

with his counsel) within seven days of entry of this Final Judgment; (2) $2,000 within one month 

of entry of the Final Judgment; (3) $2,000 every month thereafter through 11 months from entry 

of the Final Judgment; and (4) a final payment of $188,000 due within one year of entry of the 

Final Judgment or 30 days after the closing of the sale of Hinds’ residence located at 18028 E. San 

Tan Boulevard, Queen Creek, Arizona, 85142, whichever event occurs earlier (“Final Payment”). 

Payments shall be deemed made on the date they are received by the Commission. If Hinds

fails to make any payment by the date agreed and/or in the amount agreed according to the schedule 

set forth above, all outstanding payments under this Final Judgment, including post-judgment 

interest on any unpaid amounts pursuant to 28 U.S.C. § 1961, minus any payments made, shall 

become due and payable immediately at the discretion of the staff of the Commission without 

further application to the Court. The Commission may then 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.

Hinds 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. 

Hinds may also pay by certified check, bank cashier’s check, or United States postal money order 

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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 Richard Hinds as a defendant in this action; and specifying that payment is made 

pursuant to this Final Judgment. 

Hinds 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, 

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

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

To secure the Final Judgment, the Commission has the right to file a lien on the property 

located at 18028 E. San Tan Boulevard, Queen Creek, Arizona, 85142. Hinds shall not take any 

action to obstruct the filing of the lien. Further, if Hinds fails to make any of the payments set 

forth in the Final Judgment, the Commission has the right to enforce the lien through a sale of the 

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residence, out of which proceeds the Commission shall receive the amounts then due and owing 

on the Final Judgment. If proceeds of the sale are not sufficient to satisfy the Final Judgment, the 

Commission will still hold a Final Judgment for the amounts that remain due and owing. Hinds 

also shall not take any action prior to the Final Payment to transfer, sell, encumber, collateralize, 

or diminish the value of the residence other than to transfer, sell, encumber, or collateralize the 

residence for the sole purpose of satisfying Hinds’ obligations to make the Final Payment. 

II.

INCORPORATION OF CONSENT

IT IS FURTHER ORDERED AND ADJUDGED that the Consent filed herewith is 

incorporated herein with the same force and effect as if fully set forth herein, and Hinds shall 

comply with all of the undertakings and agreements set forth therein.

III.

RETENTION OF JURISDICTION

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

of this matter and over Hinds 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.

BANKRUPTCY NONDISCHARGEABILITY

IT IS FURTHER ORDERED AND ADJUDGED that, solely for purposes of exceptions 

to discharge set forth in Section 523 of the Bankruptcy Code [11 U.S.C. § 523], the allegations in 

the Complaint are true and admitted by Hinds, and further, any debt for a civil penalty or

other amounts due by Hinds under this Final Judgment or any other judgment, order, consent

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order, decree, or settlement agreement entered in connection with this proceeding, is a debt for the 

violation by Hinds of the federal securities laws or any regulation or order issued under such laws, 

as set forth in Section 523(a)(19) of the Bankruptcy Code [11 U.S.C. § 523(a)(19)].

V.

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 Thursday, January 20, 

2022.

________________________________

DARRIN P. GAYLES

UNITED STATES DISTRICT JUDGE

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