Securities and Exchange Commission v. Caspersen et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:16-cv-02249
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Last Updated February 15, 2017 at 11:47 PM EST (7.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
United States Securities and Exchange Commission United States Securities and Exchange Commission, Plaintiff
Officially listed as "Securities and Exchange Commission"

Represented by United States Securities and Exchange Commission

Name Phone Fax E-Mail
Space Paul G. Gizzi +1 212 336 0077 +1 212 336 1322 gizzip@sec.gov
Space James Kenneth Hanson +1 212 336 0087 +1 212 336 1322 hansonj@sec.gov
v.
No Logo Andrew W.W. Caspersen, Defendant
No Logo Irving Place III SPV, LLC, Defendant
Attributes
Office Foley Square
Filed 3/28/2016
Jury Demand None
Demand
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Section 15 U.S.C. § 77 Securities Fraud
Jurisdiction U.S. Government Plaintiff
Disposition
County NewYork
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Defendant Custody Status
Timeline
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Legal Document (Payment Possibly Required) 23 Filed: 1/30/2017, Entered: None Unknown Document TypeCourt Filing
FINAL JUDGMENT AS TO ANDREW W.W. CASPERSEN: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. § 78j(b)] and Rule 10b-5 [17 C.F.R. § 240.10b-5] thereunder, 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, as further set forth in this Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $38,530,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $1,169,645.20, for a total of $39,699,645.20, which is deemed satisfied by the criminal forfeiture order entered against Defendant in US. v. Caspersen, 16-CR-414 (S.D.N.Y.). (Signed by Judge Richard M. Berman on 1/30/2017) (cf) (Entered: 01/30/2017)
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Blank 22 Filed: 1/27/2017, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Richard M. Berman from Paul G. Gizzi dated January 27, 2017 re: Resolution of Outstanding Claims. Document filed by Securities and Exchange Commission.(Gizzi, Paul) (Entered: 01/27/2017)
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Legal Document (Payment Possibly Required) 21 Filed: 11/9/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 20 Letter Motion to Adjourn Conference. Adjourned to 2/14/17 @ 9:30. Status Conference set for 2/14/2017 at 09:30 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 11/9/2016) (cf) (Entered: 11/09/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 11/8/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Adjourn Conference addressed to Judge Richard M. Berman from Paul Shechtman dated November 8, 2016. Document filed by Andrew W.W. Caspersen.(Shechtman, Paul) (Entered: 11/08/2016)
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Legal Document (Payment Possibly Required) 19 Filed: 9/20/2016, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/8/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 09/20/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 9/20/2016, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: Conference held on 9/8/2016 before Judge Richard M. Berman. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016.(Siwik, Christine) (Entered: 09/20/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 9/9/2016, Entered: None Unknown Document TypeCourt Filing
JUDGMENT AS TO ANDREW W.W. CASPERSEN. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], 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, and as further specified and set forth in this Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, 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 Defendant, and further, any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant under this Judgment or any other judgment, order, consent order, decree or settlement agreement entered in connection with this proceeding, is a debt for the violation by Defendant 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). 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 Judgment and the Consent. 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 Judgment forthwith and without further notice. Motions terminated: 16 MOTION for Judgment as to Andrew W.W. Caspersen filed by Securities and Exchange Commission. (Signed by Judge Richard M. Berman on 9/9/2016) (rjm) (Additional attachment(s) added on 9/12/2016: # 1 Right to Appeal Form #1, # 2 Right to Appeal #2) (rjm). (Entered: 09/12/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 9/7/2016, Entered: None Unknown Document Type
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Judgment as to Andrew W.W. Caspersen. Document filed by Securities and Exchange Commission.(Gizzi, Paul) Modified on 9/21/2016 (db). (Entered: 09/07/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 7/12/2016, Entered: None Court Filing
ORDER: The conference currently scheduled for Wednesday, July 13, 2016, at 9:30 a.m. is hereby rescheduled to Thursday, September 8, 2016, at 9:30 a.m. in Courtroom 17B of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, New York 10007. (Status Conference set for 9/8/2016 at 09:30 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 7/12/2016) (tn) (Entered: 07/12/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 4/25/2016, Entered: None
WAIVER OF SERVICE RETURNED EXECUTED. Irving Place III SPV, LLC waiver sent on 4/5/2016, answer due 6/6/2016. Document filed by Securities and Exchange Commission. (Gizzi, Paul) (Entered: 04/25/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 4/25/2016, Entered: None
WAIVER OF SERVICE RETURNED EXECUTED. Andrew W.W. Caspersen waiver sent on 4/5/2016, answer due 6/6/2016. Document filed by Securities and Exchange Commission. (Gizzi, Paul) (Entered: 04/25/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 4/13/2016, Entered: None Court Filing
Minute Entry for proceedings held before Judge Richard M. Berman: Initial Pretrial Conference held on 4/13/2016. See transcript of proceedings for a complete record. Next conference is scheduled for July 13, 2016 at 9:30 am. (Court Reporter Andrew Walker) (CM) (Entered: 04/13/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 4/8/2016, Entered: None Court Filing
ORDER denying 10 Letter Motion to Adjourn Conference. Request denied. SEC is directed to notify Defendants of the date and time of the conference. (Signed by Judge Richard M. Berman on 4/8/2016) (mro) (Entered: 04/11/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 4/8/2016, Entered: None Court Filing
LETTER MOTION to Adjourn Conference addressed to Judge Richard M. Berman from Paul G. Gizzi dated April 8, 2016. Document filed by Securities and Exchange Commission.(Gizzi, Paul) (Entered: 04/08/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 3/31/2016, Entered: None Court Filing
ENDORSED LETTER (via email) addressed to Case Assignment from United States District Judge Kimba M. Wood dated 3/31/2016 re: Due to the fact that I have family members who have had in the past contact with Andrew Caspersen, I am recusing myself from this case. ENDORSEMENT: So ordered. (Signed by Judge Kimba M. Wood on 3/31/2016) (rjm) (Entered: 04/01/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 3/31/2016, Entered: None Court Filing
INITIAL PRETRIAL CONFERENCE ORDER: 1. Counsel (or pro se litigants) are to appear for an initial pre-trial conference on April 13, 2016 at 9:30 a.m. in Courtroom 17B (17th floor), 500 Pearl Street, U.S. District Courthouse as further set forth in this order. Initial Conference set for 4/13/2016 at 09:30 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 3/31/2016) (lmb) (Entered: 03/31/2016)
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Legal Document (Payment Possibly Required) 7 Filed: 3/29/2016, Entered: None
ELECTRONIC SUMMONS ISSUED as to Irving Place III SPV, LLC. (rch) (Entered: 03/29/2016)
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Legal Document (Payment Possibly Required) 6 Filed: 3/29/2016, Entered: None
ELECTRONIC SUMMONS ISSUED as to Andrew W.W. Caspersen. (rch) (Entered: 03/29/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 3/28/2016, Entered: 3/28/2016 Notice of Appearance
NOTICE OF APPEARANCE by James K. Hanson on behalf of Securities and Exchange Commission. (Hanson, James)
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Legal Document (Payment Possibly Required) 4 Filed: 3/28/2016, Entered: 3/28/2016 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Irving Place III SPV, LLC, re: [1] Complaint. Document filed by Securities and Exchange Commission. (Gizzi, Paul)
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Legal Document (Payment Possibly Required) 3 Filed: 3/28/2016, Entered: 3/28/2016 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Andrew W.W. Caspersen, re: [1] Complaint. Document filed by Securities and Exchange Commission. (Gizzi, Paul)
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Legal Document (Payment Possibly Required) 2 Filed: 3/28/2016, Entered: 3/28/2016 Civil Cover Sheet
CIVIL COVER SHEET filed. (Gizzi, Paul)
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Legal Document 1 Filed: 3/28/2016, Entered: 3/28/2016 Complaint
COMPLAINT against Andrew W.W. Caspersen, Irving Place III SPV, LLC. Document filed by Securities and Exchange Commission.(Gizzi, Paul)
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