This action was tried by a jury after the Court granted partial summary judgment in Plaintiff's favor. The jury rendered a verdict, and thereafter the parties stipulated to disgorgement and injunctive relief and the Court determined the issue of civil monetary penalties.
It is ordered as follows:
A. Civil Monetary Penalties
1. Defendants Big Apple Consulting USA, Inc. and MJMM Investments, LLC shall pay, jointly and severally, a civil monetary penalty in the amount of $2,260,000 plus post-judgment interest.
2. Defendant Marc Jablon shall pay a civil monetary penalty in the amount of $213,000 plus post-judgment Interest.
3. Defendant Mark Kaley shall pay a civil monetary penalty in the amount of $156,500 plus post-judgment interest.
4. Defendant Matthew Maguire shall pay a civil monetary penalty in the amount of $163,000 plus post-judgment interest.
5. Defendants' civil monetary penalties are immediately due and owing.
6. Post-judgment interest shall accrue beginning on the date of entry of this Judgment and shall be determined by using the Treasury Bill rate prevailing on the date of entry of this Judgment, pursuant to 28 U.S.C. § 1961(a).
B. Disgorgement
Defendants Big Apple Consulting USA, Inc., MJMM Investments, LLC, and Marc Jablon shall pay, jointly and severally, disgorgement in the amount of $5.4 million and prejudgment interest In the amount of $659,000.20, plus post-judgment interest. All disgorgement payments are immediately due and owing.
C. Penny Stock Bar
Defendants Big Apple Consulting USA, Inc., MJMM Investments, LLC, Marc Jablon, and Matthew Maguire are permanently barred from participating in an offering of penny stock, including engaging in activities with a broker, dealer, or issuer for purposes of issuing, trading, or inducing or attempting to induce the purchase or sale of any penny stock. A penny stock is any equity security that has a price of less than five dollars, except as provided in Rule 3a51-1 under the Exchange Act, 17 C.F.R. 240.3a51-1.
OCR extract
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