UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION 

 

 ) 

UNITED STATES SECURITIES ) 

AND EXCHANGE COMMISSION ) 

 ) 

 Plaintiff, ) Civil Action No. 12-cv-4145 

 ) 

 v. ) Judge Matthew F. Kennelly 

 ) 

RICHARD DEMARIA ) 

 ) 

 Defendant. ) 

__________________________________________) 

FINAL JUDGMENT AS TO DISGORGEMENT, 

PREJUDGMENT INTEREST AND CIVIL PENALTY 

The Court having: (a) granted Plaintiff Securities and Exchange Commission’s 

(“Commission”) unopposed motion for entry of a permanent injunction (Docket No. 16); 

(b) considered the Commission’s Motion for Summary Judgment as to Disgorgement, 

Prejudgment Interest and Civil Penalty (Docket No. 20); and (c) considered all 

memoranda and evidence filed by the parties: 

I. 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 

liable for disgorgement of $3,823,200, representing profits gained as a result of the 

conduct alleged in the Complaint, together with prejudgment interest thereon in the 

amount of $694,977, and a civil penalty in the amount of $100,000 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)]. Defendant shall satisfy this 

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obligation by paying $4,618,177 to the Securities and Exchange Commission within 14 

days after entry of this Final Judgment. 

 Defendant 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. Defendant 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 

Oklahoma City, OK 73169 

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

name of this Court; Richard DeMaria as a defendant in this action; and specifying that 

payment is made pursuant to this Final Judgment. 

Defendant shall simultaneously transmit photocopies of evidence of payment and 

case identifying information to the Commission’s counsel in this action. By making this 

payment, Defendant relinquishes all legal and equitable right, title, and interest in such 

funds and no part of the funds shall be returned to Defendant. The Commission shall 

send the funds paid pursuant to this Final Judgment to the United States Treasury. 

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

prejudgment interest by moving for civil contempt (and/or through other collection 

procedures authorized by law) at any time after 14 days following entry of this Final 

Judgment. Defendant shall pay post judgment interest on any delinquent amounts 

pursuant to 28 U.S.C. § 1961. 

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II. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 

shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final 

Judgment. 

Dated: September 5, 2013 

____________________________________ 

Honorable Matthew F. Kennelly 

 United States District Judge 

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