SEC v. Shaohua (Michael) Yin; Benjamin Bin Chow; Li Zhao Su; Zhiqing Yin; Jun Qin; Yan Zhou, et al., No. 1:17-cv-00972-JPO, Southern District of New York (Aug. 30, 2024) — Judgment
raw: Final Judgment As To Defendant Benjamin Bin Chow
Final Judgment As To Defendant Benjamin Bin Chow, No. 1:17-cv-00972-JPO (Aug. 30, 2024)
Benjamin Bin Chow consented to a final judgment in an SEC action for securities fraud violations, resulting in a permanent injunction against future fraudulent conduct.
The SEC obtained a final judgment against Benjamin Bin Chow for violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. Chow consented to the court's jurisdiction and the entry of the judgment, which permanently restrains him from employing deceptive schemes or making material misstatements in securities transactions. The court will retain jurisdiction to enforce the terms of this judgment and the incorporated consent agreement.
The Securities and Exchange Commission filed an action against Benjamin Bin Chow and Shaohua (Michael) Yin for violations of the Securities Exchange Act of 1934. In a final judgment entered on August 25, 2022, in the Southern District of New York, Chow consented to the court's jurisdiction and the entry of the judgment. The court permanently enjoined Chow from violating Section 10(b) and Rule 10b-5 through fraudulent devices, material omissions, or deceptive practices in connection with securities. This injunction also extends to Chow's agents, employees, and attorneys. The resolution incorporates a consent agreement that requires Chow to comply with specific undertakings. While the judgment establishes these permanent restraints, the court retains jurisdiction to ensure future compliance with the terms of the decree.
Extracted insights
- person benjamin bin chow
- person general appearance
- agency Securities and Exchange Commission
- Securities And Exchange Commission filed Complaint
- Benjamin Bin Chow entered General Appearance
- Benjamin Bin Chow consented To Court's jurisdiction over Defendant and the subject matter of this action
- Benjamin Bin Chow consented To entry of this Final Judgment
- Benjamin Bin Chow waived Findings of fact and conclusions of law
- Benjamin Bin Chow waived Any right to appeal from this Final Judgment
- Clerk ordered To enter this Final Judgment forthwith and without further notice
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. SHAOHUA (MICHAEL) YIN and BENJAMIN BIN CHOW, Defendants, and LI ZHAO SU, ZHIQING YIN, JUN QIN, YAN ZHOU, BEI XIE, and CHAOFENG JI, Relief Defendants. Case No. 1:17-cv-00972-JPO FINAL JUDGMENT AS TO DE FENDANT BENJAMIN BIN CHOW The Securities and Exchange Commission having filed a Complaint and Defendant Benjamin Bin Chow 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; 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 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: (a)to employ any device, scheme, or artifice to defraud; (b)to make any untrue statement of a material fact or to omit 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 (c)to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). ____________________________________ UNITED STATES DISTRICT JUDGE J. PAUL OETKEN II. 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. III. I T 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. IV. 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 Final Judgment forthwith and without further notice. Dated: August 25, 2022
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. SHAOHUA (MICHAEL) YIN and BENJAMIN BIN CHOW, Defendants, and LIZHAO SU, ZHIQING YIN, JUN QIN, YAN ZHOU, BEI XIE, and CHAOFENG JI, Relief Defendants. Case No. 1:17-cv-00972-JPO FINAL JUDGMENT AS TO DEFENDANT BENJAMIN BIN CHOW Case 1:17-cv-00972-JPO Document 324 Filed 08/25/22 Page 1 of 3 The Securities and Exchange Commission having filed a Complaint and Defendant Benjamin Bin Chow 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; 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 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: (a) to employ any device, scheme, or artifice to defraud; (b) to make any untrue statement of a material fact or to omit 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 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). Case 1:17-cv-00972-JPO Document 324 Filed 08/25/22 Page 2 of 3 http://www.google.com/search?q=FRCP+65(d)(2) http://www.google.com/search?q=17+c.f.r.++240.10b-5 http://www.google.com/search?q=15+u.s.c.++78j(b) ____________________________________ UNITED STATES DISTRICT JUDGE J. PAUL OETKEN II. 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. III. 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. IV. 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 Final Judgment forthwith and without further notice. Dated: August 25, 2022 Case 1:17-cv-00972-JPO Document 324 Filed 08/25/22 Page 3 of 3