SEC v. PREMIUM POINT INVESTMENTS LP; ANILESHA AHUJA a/k/a NEIL AHUJA; AMIN MAJIDI; JEREMY SHOR; ASHISH DOLE; and FRANK DINUCCI, JR., No. 1:18-cv-04145, Southern District of New York (July 24, 2024) — Judgment

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
PREMIUM POINT INVESTMENTS LP,
ANILESHA AHUJA a/k/a NEIL AHUJA, AMIN
MAJIDI, JEREMY SHOR, ASHISH DOLE, and
FRANK DINUCCI, JR.,
Defendants.
18 Civ. 4145 (JPC)
[PROPOSED] FINAL JUDGMENT AS TO DEFENDANT FRANK DINUCCI, JR.
The Securities and Exchange Commission (the “Commission”) having filed an Amended
Complaint and Defendant Frank Dinucci, Jr. (“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; 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;

2
(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).
II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (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,
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.
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

3
(a)em
ploying any device, scheme, or artifices to defraud any client or prospective
client; or
(b)to engage in any transaction, practice, or course of business which operates as a
fraud or deceit upon any client or prospective client.
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).
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating, directly or indirectly, Advisers Act Section
206(4) [15 U.S.C. § 80b-6(4)] and Rule 206(4)-8(a)(2) [17 C.F.R. § 275.206(4)-8(a)(2)]
promulgated thereunder by, while acting as an investment adviser to a pooled investment vehicle,
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).
III.
I
T IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating, directly or indirectly, Sections 206(1) and (2)
of the Investment Advisers Act of 1940 (the “Advisers Act”) [15 U.S.C. §§ 80b-6(1) and
80b-6(2)] from, while acting as investment advisers, by the use of any means or instruments of
in
terstate commerce:

4
engaging in any act, practice, or course of business that is fraudulent, deceptive, or manipulative
with respect to any investor or prospective investor in the pooled investment vehicle.
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 Fin
al 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).
V.
I
T IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that based on
Defendant’s cooperation in a Commission investigation and related enforcement action, the Court
is not ordering Defendant to pay a civil penalty.  If at any time following the entry of the Final
Judgment the Commission obtains information indicating that Defendant knowingly provided
materially false or misleading information or materials to the Commission or in a related
proceeding, the Commission may, at its sole discretion and without prior notice to the Defendant,
petition the Court for an order requiring Defendant to pay a civil penalty.  In connection with any
such petition and at any hearing held on such a motion:  (a)  Defendant will be precluded from
arguing that he did not violate the federal securities laws as alleged in the Complaint; (b)
Defendant may not challenge the validity of the Judgment, this Consent,
 or any related
Undertakings; (c) the allegations of the Complaint, solely for the purposes of such motion, shall be
accepted as and deemed true by the Court; and (d) the Court may determine the issues raised in
the motion on the basis of affidavits, declarations, excerpts of sworn deposition or investigative
testimony, and documentary evidence without regard to the standards for summary judgment
contained in Rule 56(c) of the Federal Rules of Civil Procedure.   Under these circumstances, the
parties may take discovery, includin
g discovery from appropriate non-parties.

5
Dated:  , 2024
HON. JOHN P. CRONAN
UNITED STATES DISTRICT JUDGE
VI.
IT IS HEREBY 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.
VII.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for
p
urposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. §
523, the allegations in the Amended Complaint are true and admitted by Defendants, and further,
any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant
u
nder this Final 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 C
ode, 11 U.S.C. § 523(a)(19).
VIII.
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.
July 8

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 

SECURITIES AND EXCHANGE COMMISSION, 

Plaintiff, 

v. 

PREMIUM POINT INVESTMENTS LP, 
ANILESHA AHUJA a/k/a NEIL AHUJA, AMIN 
MAJIDI, JEREMY SHOR, ASHISH DOLE, and 
FRANK DINUCCI, JR.,  

Defendants.  

18 Civ. 4145 (JPC) 

[PROPOSED] FINAL JUDGMENT AS TO DEFENDANT FRANK DINUCCI, JR. 

The Securities and Exchange Commission (the “Commission”) having filed an Amended 

Complaint and Defendant Frank Dinucci, Jr. (“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; 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;

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Bests
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(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). 

II. 

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

permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (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, 

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.

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 

Case 1:18-cv-04145-JPC   Document 87   Filed 07/08/24   Page 2 of 5



3 

(a) employing any device, scheme, or artifices to defraud any client or prospective

client; or

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

fraud or deceit upon any client or prospective client.

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). 

IV. 

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

permanently restrained and enjoined from violating, directly or indirectly, Advisers Act Section 

206(4) [15 U.S.C. § 80b-6(4)] and Rule 206(4)-8(a)(2) [17 C.F.R. § 275.206(4)-8(a)(2)] 

promulgated thereunder by, while acting as an investment adviser to a pooled investment vehicle, 

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). 

III. 

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

permanently restrained and enjoined from violating, directly or indirectly, Sections 206(1) and (2) 

of the Investment Advisers Act of 1940 (the “Advisers Act”) [15 U.S.C. §§ 80b-6(1) and 

80b-6(2)] from, while acting as investment advisers, by the use of any means or instruments of 

interstate commerce: 

Case 1:18-cv-04145-JPC   Document 87   Filed 07/08/24   Page 3 of 5



4 

engaging in any act, practice, or course of business that is fraudulent, deceptive, or manipulative 

with respect to any investor or prospective investor in the pooled investment vehicle. 

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). 

V. 

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that based on 

Defendant’s cooperation in a Commission investigation and related enforcement action, the Court 

is not ordering Defendant to pay a civil penalty.  If at any time following the entry of the Final 

Judgment the Commission obtains information indicating that Defendant knowingly provided 

materially false or misleading information or materials to the Commission or in a related 

proceeding, the Commission may, at its sole discretion and without prior notice to the Defendant, 

petition the Court for an order requiring Defendant to pay a civil penalty.  In connection with any 

such petition and at any hearing held on such a motion:  (a)  Defendant will be precluded from 

arguing that he did not violate the federal securities laws as alleged in the Complaint; (b) 

Defendant may not challenge the validity of the Judgment, this Consent, or any related 

Undertakings; (c) the allegations of the Complaint, solely for the purposes of such motion, shall be 

accepted as and deemed true by the Court; and (d) the Court may determine the issues raised in 

the motion on the basis of affidavits, declarations, excerpts of sworn deposition or investigative 

testimony, and documentary evidence without regard to the standards for summary judgment 

contained in Rule 56(c) of the Federal Rules of Civil Procedure.  Under these circumstances, the 

parties may take discovery, including discovery from appropriate non-parties. 

Case 1:18-cv-04145-JPC   Document 87   Filed 07/08/24   Page 4 of 5



5 

Dated:  , 2024 

HON. JOHN P. CRONAN 
UNITED STATES DISTRICT JUDGE 

VI. 

IT IS HEREBY 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. 

VII. 

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for 

purposes of exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. § 

523, the allegations in the Amended Complaint are true and admitted by Defendants, and further, 

any debt for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant 

under this Final 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). 

VIII. 

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. 

July 8

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