UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

UNITED STATES SECURITIES AND 

EXCHANGE COMMISSION 

 Plaintiff, 

 v. 

PIYUSH G. PATEL, DAVID J. KIRKPATRICK, 

ERIC JAEGER, LAWRENCE COLLINS, 

MICHAEL A. SKUBISZ, JERRY A. 

SHANAHAN, 

 Defendants 

 Civ. No. 01:07-00039-SM 

___________________________________________________________________________

FINAL JUDGMENT AS TO DEFENDANT MICHAEL A. SKUBISZ 

_____________________________________________________________________________

The Securities and Exchange Commission having filed an Amended Complaint [Dkt # 

150] and Defendant Michael A. Skubisz (“Defendant”) having answered [Dkt # 214], entered a 

general appearance, consented to the Court’s jurisdiction over Defendant and the subject matter 

of this action, consented to entry of this Final Judgment without admitting or denying the 

allegations of the Complaint (except as to jurisdiction), waived findings of fact and conclusions 

of law, and waived any right to appeal from this Final Judgment: 

I. 

 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the claims for primary 

and/or aiding and abetting liability pursuant to Section 17(a)(1) of the Securities Act of 1933 

(“Securities Act”) [15 U.S.C. §77q(a)(1)] and Sections 10(b), 13(a), 13(b)(2)(A) and 13(b)(2)(B) 

of the Securities Exchange Act of 1934 (“Exchange Act”) [§§78j(b), 78m(a), 78m(b)(2)(A), 

78m(b)(2)(B)] and Rules 10b-5, 12b-20, 13a-1, 13a-11, 13a-13 and 13b2-2 thereunder [17 

C.F.R. §240.10b-5, 12b-20, 13a-1, 13a-11, 13a-13 and 240.13b2-2] are dismissed; 

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II. 

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

is permanently restrained and enjoined from violating, directly or indirectly, Section 17(a)(2) and 

17(a)(3) of the Securities Act [15 U.S.C. §§77q(a)(2) and (a)(3)], by using any means or 

instrumentality of interstate commerce, or of the mails, or of any facility of any national 

securities exchange, in connection with the purchase or sale of any security: 

 (a) to obtain money or property by means of any untrue statement of a material fact 

or any omission to state a material fact necessary in order to make the statements 

made, in the light of the circumstances under which they were made, not 

misleading; or 

(b) to engage in any transaction, practice, or course of business which operates or 

would operate as a fraud or deceit upon the purchaser. 

III. 

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

is permanently restrained and enjoined from violating, directly or indirectly, Section 13(b)(5) of 

the Exchange Act [15 U.S.C. § 78m(b)(5)] and Rule 13b2-1 promulgated thereunder [17 C.F.R. 

§ 240.13b2-1] by: 

(a) falsifying or causing to be falsified any book, record or account subject to Section 

13(b)(2)(A) of the Exchange Act; or 

(b) knowingly circumventing or knowingly failing to implement a system of internal 

accounting controls or knowingly falsify any book, record, or account described 

in Section 13(b)(2) of the Exchange Act. 

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IV. 

 

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

is liable for disgorgement of $25,915.00, together with prejudgment interest thereon in the 

amount of $6141.00 for a total of $32,056, and a civil penalty in the amount of $25,000 pursuant 

to Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)], for a total of $57,056.00. 

Defendant shall satisfy this obligation by paying $57,056.00 within ten (10) business days after 

entry of this Final Judgment by certified check, bank cashier’s check, or United States postal 

money order payable to the Securities and Exchange Commission. The payment shall be 

delivered or mailed to the Office of Financial Management, Securities and Exchange 

Commission, Operations Center, 6432 General Green Way, Mail Stop 0-3, Alexandria, Virginia 

22312, and shall be accompanied by a letter identifying Michael A. Skubisz as a defendant in 

this action; setting forth the title and civil action number of this action and the name of this 

Court; and specifying that payment is being made pursuant to this Final Judgment (with copies 

delivered or mailed to Nancy J. Gegenheimer and Leslie J. Hughes, Securities and Exchange 

Commission, 1801 California Street, Suite 1500, Denver, CO 80202). Defendant shall pay postjudgment interest on any delinquent amount pursuant to 28 U.S.C. § 1961. The Commission 

shall remit the funds paid pursuant to this paragraph to the United States Treasury. 

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V.

 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that the 

Consent of Defendant attached hereto is incorporated herein with the same force and effect as if 

fully set forth herein, and that Defendant shall comply with all of the undertakings and 

agreements set forth therein. 

VI. 

 IT IS HEREBY 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: _____________________, 2011 

____________________________________ 

UNITED STATES DISTRICT COURT JUDGE 

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