SEC v. MATTHEW NICOSIA; WILLIAM (“ROCKY”) REININGER; FABRIZIO DI CARLO; and RONALD TOUCHARD, No. 1:22-cv-05761, Eastern District of New York (Mar. 28, 2024) — Judgment
raw: SEC v. 22 CV 5761 (PKC) (CLP)
SEC v. 22 CV 5761 (PKC) (CLP), No. 1:22-cv-05761 (Mar. 28, 2024)
The SEC obtained a default judgment against Fabrizio Di Carlo for securities fraud, resulting in a $100,000 penalty and a permanent ban on penny stock offerings.
The court granted the SEC's motion for default against defendant Fabrizio Di Carlo for violations of Section 10(b) and Rule 10b-5. Di Carlo was ordered to pay a $100,000 civil penalty, $38,198 in disgorgement, and $5,772.53 in prejudgment interest. Additionally, the judgment permanently enjoins him from future securities violations and bars him from participating in penny stock offerings.
The Securities and Exchange Commission filed a lawsuit against Matthew Nicosia, William “Rocky” Reininger, Fabrizio Di Carlo, and Ronald Touchard for violations of the Securities Exchange Act of 1934. In a judgment filed on March 27, 2024, the court granted a motion for default against defendant Fabrizio Di Carlo. The court ordered Di Carlo to pay a $100,000 civil penalty, $38,198 in disgorgement, and $5,772.53 in prejudgment interest. Furthermore, Di Carlo is permanently enjoined from violating Section 10(b) and Rule 10b-5 of the Exchange Act. He is also permanently barred from participating in any penny stock offerings. This specific judgment resolves the claims against Di Carlo following the adoption of the Magistrate's reports and recommendations.
Extracted insights
- $100K $100,000 $100K–$1M
- $38K $38,198 $10K–$100K
- $6K $5,772 <$10K
- person fabrizio di carlo
- person magistrate cheryl l. pollak
- agency Securities and Exchange Commission
- Securities And Exchange Commission filed motion for default Fabrizio Di Carlo
- United States District Judge Pamela K. Chen adopted Reports and Recommendations Magistrate Cheryl L. Pollak
- Court permanently enjoined Fabrizio Di Carlo from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
- Court permanently barred Fabrizio Di Carlo from participating in penny stock offerings
- Court imposes civil penalty $100,000
- Court awarded $38,198 in disgorgement and $5,772.53 in prejudgment interest
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
SECURITIES AND EXCHANGE COMMISSION, JUDGMENT
Plaintiff,
v.
22 CV 5761 (PKC) (CLP)
MATTHEW NICOSIA, WILLIAM (“ROCKY”)
REININGER, FABRIZIO DI CARLO, and
RONALD TOUCHARD,
Defendants.
---------------------------------------------------------------X
An Order of the Honorable Pamela K. Chen, United States District Judge, having been
filed on March 26, 2024, adopting the Reports and Recommendations of Magistrate Cheryl L.
Pollak, dated February 26, 2024 and March 11, 2024, granting Plaintiff's motion for default as to
Defendant Fabrizio Di Carlo; ordering the following: (1) Defendant Di Carlo is permanently
enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder; (2) Defendant Di Carlo is permanently barred from
participated in penny stock offerings; and (3) the Court imposes a civil penalty of $100,000;
awarded $38,198 in disgorgement and $5,772.53 in prejudgment interest; it is
ORDERED and ADJUDGED that Plaintiff's motion for default is granted as to Defendant
Fabrizio Di Carlo; that the Court orders the following: (1) Defendant Di Carlo is permanently
enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder; (2) Defendant Di Carlo is permanently barred from
participated in penny stock offerings; and (3) the Court imposes a civil penalty of $100,000; and
that additionally, pursuant to the amended R&R, Plaintiff is awarded $38,198 in disgorgement
and $5,772.53 in prejudgment interest.
Dated: Brooklyn, New York Brenna B. Mahoney
March 27 , 2024 Clerk of Court
By: /s/Jalitza Poveda
Deputy ClerkUNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
SECURITIES AND EXCHANGE COMMISSION, JUDGMENT
Plaintiff,
v.
22 CV 5761 (PKC) (CLP)
MATTHEW NICOSIA, WILLIAM (“ROCKY”)
REININGER, FABRIZIO DI CARLO, and
RONALD TOUCHARD,
Defendants.
---------------------------------------------------------------X
An Order of the Honorable Pamela K. Chen, United States District Judge, having been
filed on March 26, 2024, adopting the Reports and Recommendations of Magistrate Cheryl L.
Pollak, dated February 26, 2024 and March 11, 2024, granting Plaintiff's motion for default as to
Defendant Fabrizio Di Carlo; ordering the following: (1) Defendant Di Carlo is permanently
enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder; (2) Defendant Di Carlo is permanently barred from
participated in penny stock offerings; and (3) the Court imposes a civil penalty of $100,000;
awarded $38,198 in disgorgement and $5,772.53 in prejudgment interest; it is
ORDERED and ADJUDGED that Plaintiff's motion for default is granted as to Defendant
Fabrizio Di Carlo; that the Court orders the following: (1) Defendant Di Carlo is permanently
enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder; (2) Defendant Di Carlo is permanently barred from
participated in penny stock offerings; and (3) the Court imposes a civil penalty of $100,000; and
that additionally, pursuant to the amended R&R, Plaintiff is awarded $38,198 in disgorgement
and $5,772.53 in prejudgment interest.
Case 1:22-cv-05761-PKC-CLP Document 42 Filed 03/27/24 Page 1 of 2 PageID #: 324
Dated: Brooklyn, New York Brenna B. Mahoney
March 27, 2024 Clerk of Court
By: /s/Jalitza Poveda
Deputy Clerk
Case 1:22-cv-05761-PKC-CLP Document 42 Filed 03/27/24 Page 2 of 2 PageID #: 325