You're viewing Docket Item 3 from the case SECURITIES AND EXHANGE COMMISSION v. SENSENIG. View the full docket and case details.

Download this document:




Case 5:13-cv-04378-JLS Document 3 Filed 07/31/13 Page 1 of 6

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

SECURITIES AND EXCHANGE COMMISSION,

Plaintiff,

v.

C.A. No/3-_!f_:f 78

JOHN M. SENSENIG,

Defendant.

FINAL JUDGMENT AS TO DEFENDANT JOHN M. SENSENIG

The Securities and Exchange Commission having filed a Complaint and Defendant John

M. Sensenig ("Defendant") having 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 Defendant and

Defendant's agents, servants, employees, attorneys, and all persons in active concert or

participation with them who receive actual notice of this Final Judgment by personal service or

otherwise are permanently restrained and enjoined from violating Section 5 of the Securities Act

of 1933 ("Securities Act") [15 U.S.C. § 77e] by, directly or indirectly, in the absence of any

applicable exemption:

Case 5:13-cv-04378-JLS Document 3 Filed 07/31/13 Page 2 of 6

(a)

Unless a registration statement is in effect as to a security, making use of any

means or instruments of transportation or communication in interstate commerce

or of the mails to sell such security through the use or medium of any prospectus

or otherwise;

(b)

Unless a registration statement is in effect as to a security, carrying or causing to

be carried through the mails or in interstate commerce, by any means or

instruments of transportation, any such security for the purpose of sale or for

delivery after sale; or

( c)

Making use of any means or instruments of transportation or communication in

interstate commerce or of the mails to offer to sell or offer to buy through the use

or medium of any prospectus or otherwise any security, unless a registration

statement has been filed with the Commission as to such security, or while the

registration statement is the subject of a refusal order or stop order or (prior to the

effective date of the registration statement) any public proceeding or examination

under Section 8 of the Securities Act [15 U.S.C. § 77h].

II.

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

and Defendant's agents, servants, employees, attorneys, and all persons in active concert or

participation with them who receive actual notice of this Final Judgment by personal service or

otherwise are permanently restrained and enjoined from violating Section 17(a) of the Securities

Act [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or

instruments of transportation or communication in interstate commerce or by use of the mails,

2

Case 5:13-cv-04378-JLS Document 3 Filed 07/31/13 Page 3 of 6

directly or indirectly:

(a)

to employ any device, scheme, or artifice to defraud;

(b)

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

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

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

or

( c)

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

and his agents, servants, employees, attorneys, and all persons in active concert or participation

with them who receive actual notice of this Final Judgment by personal service or otherwise are

permanently restrained and enjoined from directly or indirectly participating in any unregistered

securities offering.

IV.

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

shall pay a civil penalty in the amount of $131,500 pursuant to Section 20( d) of the Securities

Act [15 U.S.C. § 77t(d)]. Based on Defendant's sworn representations in his Statement of

Financial Condition dated June 5, 2013, and other documents and information submitted to the

Commission, however, the Court is not ordering Defendant to pay a higher civil penalty.

Defendant shall make this payment 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

3

Case 5:13-cv-04378-JLS Document 3 Filed 07/31/13 Page 4 of 6

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; John Sensenig's name as 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.

Defendant shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C.

§ 1961. The determination not to impose a civil penalty in an amount greater than $131,500 is

contingent upon the accuracy and completeness of Defendant's Statement of Financial

Condition. If at any time following the entry of this Final Judgment the Commission obtains

information indicating that Defendant's 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 Defendant, petition the Court for an order requiring

Defendant to pay 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 Defendant

4

Case 5:13-cv-04378-JLS Document 3 Filed 07/31/13 Page 5 of 6

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 Defendant 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. Defendant 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 a civil penalty

should not be ordered; (4) contest the imposition of the maximum civil penalty allowable under

the law; or (5) assert any defense to liability or remedy, including, but not limited to, any statute

oflimitations defense. Defendant shall also pay post-judgment interest on any delinquent

amounts pursuant to 28 U.S.C. § 1961.

v.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Defendant shall,

within ten days of entry of this Judgment: (i) prepare and send a letter to the Chief Executive

Officer of Everlast Roofing, Inc. ("Everlast") instructing Everlast to cancel all shares of stock

currently held in Defendant's name (believed to be 1,285 shares); (ii) send all stock certificates

to the Chief Executive Officer of Everlast for cancellation; and (iii) send copies of the transfer

letter and stock certificates to Kingdon Kase, Esquire, Assistant Regional Director, United States

Securities and Exchange Commission, 701 Market Street, Philadelphia, PA 19106.

VI.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Defendant shall,

within ten days of entry of this Judgment: (i) prepare and send a letter to the Chief Executive

Officer of Pioneer Pole Buildings, Inc. ("Pioneer") instructing Pioneer to cancel all shares of

5

Case 5:13-cv-04378-JLS Document 3 Filed 07/31/13 Page 6 of 6

stock currently held in Defendant's name (believed to be 1,000 shares); (ii) send all stock

certificates to the Chief Executive Officer of Pioneer for cancellation; and (iii) send copies of the

transfer letter and stock certificates to Kingdon Kase, Esquire, Assistant Regional Director,

United States Securities and Exchange Commission, 701 Market Street, Philadelphia, PA 19106.

VII.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent 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.

VIII.

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: JV'-7 jO , 2013

TATES'DISTRICT JUDGE

6