SEC v. Amar Bahadoorsingh, No. 1:21-cv-11938, District of Massachusetts (Jan. 3, 2024) — Judgment

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

SECURITIES AND EXCHANGE      )
COMMISSION,    )
      ) CIVIL ACTION NO.
   Plaintiff,  ) 21-11938-DPW
      )
v.       )
      )
AMAR BAHADOORSINGH,  )
      )
   Defendant.  )

FINAL JUDGMENT
PURSUANT TO
FED. R. CIV. P. 54(b)
AS TO
AMAR BAHADOORSINGH

March 31, 2023

The Securities and Exchange Commission (“Commission”) having moved for default
judgment on its claims that defendant Amar Bahadoorsingh (“Defendant”) violated Sections
5(a), 5(c) and 17(a)(1), (2), and (3) of the Securities Act of 1933 (“Securities Act”), and Section
10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rules 10b-5(a), (b), and (c)
thereunder, the Commission having demonstrated by declaration that the defendant is not an
infant or incompetent person or in the military service of the United States, and no opposition
having been filed:
The Court now GRANTS the Commission’s motion as refined in response to inquiries by
the Court, CONCLUDES that defendant Bahadoorsingh violated Sections 5(a), 5(c) and
17(a)(1), (2), and (3) of the Securities Act, and Section 10(b) of the Exchange Act and Rules

2

10b-5(a), (b), and (c) thereunder, and ACCORDINGLY further DIRECTS as follows:
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
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).
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 [15
U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or instruments of

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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 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 Section 5 of the Securities Act [15 U.S.C.
§ 77e] by, directly or indirectly, in the absence of any applicable exemption:
(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

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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].
 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 barred from participating in an offering of penny stock, including engaging in
activities with a broker, dealer, or issuer for purposes of issuing, trading, or inducing or
attempting to induce the purchase or sale of any penny stock.  A penny stock is any equity
security that has a price of less than five dollars, except as provided in Rule 3a51-1 under the
Exchange Act [17 C.F.R. § 240.3a51-1]  .

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V.
 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from directly or indirectly, including, but not limited to,
through any entity owned or controlled by him, participating in the issuance, purchase, offer, or
sale of any security, provided, however, that such injunction shall not prevent Defendant from
purchasing or selling securities listed on a national securities exchange for his own personal
account.
VI.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is liable for disgorgement of $231,020, representing net profits gained as a result of the conduct
alleged in the Complaint, together with reasonably calculated prejudgment interest thereon in the
amount of $28,416, and a civil penalty in the amount of $207,183 pursuant to 15 U.S.C. §§
77t(d) & 78u(d)(3).    Defendant shall satisfy this obligation by paying $466,619 to the Securities
and Exchange Commission within 30 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 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

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and shall be accompanied by a letter identifying the case title, civil action number, and name of
this Court; Amar Bahadoorsingh as a 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 may enforce the Court’s judgment for disgorgement and prejudgment
interest by using all collection procedures authorized by law, including, but not limited to,
moving for civil contempt at any time after 30 days following entry of this Final Judgment.
The Commission may enforce the Court’s judgment for penalties by the use of all
collection procedures authorized by law, including the Federal Debt Collection Procedures Act,
28 U.S.C. § 3001 et seq., and moving for civil contempt for the violation of any Court orders
issued in this action.  Defendant shall pay post judgment interest on any amounts due after 30
days of the entry of this Final Judgment pursuant to 28 U.S.C. § 1961.  The Commission shall
hold the funds, together with any interest and income earned thereon (collectively, the “Fund”),
pending further order of the Court.
VII.
The Commission may propose a plan to distribute the Fund described in Section VI
supra, subject to the Court’s approval.  Such a plan may provide that the Fund shall be
distributed pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of
2002.  The Court shall retain jurisdiction over the administration of any distribution of the Fund
and the Fund may only be disbursed pursuant to an Order of the Court.

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VIII.
Regardless of whether any such Fair Fund distribution as described in Section VII supra
is made, amounts ordered to be paid as civil penalties pursuant to this Judgment shall be treated
as penalties paid to the government for all purposes, including all tax purposes.  To preserve the
deterrent effect of the civil penalty,  Defendant shall not, after offset or reduction of any award of
compensatory damages in any Related Investor Action based on Defendant’s payment of
disgorgement in this action, argue that it is entitled to, nor shall it further benefit by, offset or
reduction of such compensatory damages award by the amount of any part of Defendant’s
payment of a civil penalty in this action (“Penalty Offset”).  If the court in any Related Investor
Action grants such a Penalty Offset, Defendant shall, within 30 days after entry of a final order
granting the Penalty Offset, notify the Commission’s counsel in this action and make payment to
the Commission in accordance with Part VI of this Judgment; the Commission’s counsel
thereupon shall seek direction from the Court whether to pay the amount of the Penalty Offset to
the United States Treasury or to a Fair Fund, or otherwise as the Court directs.  Such a payment
shall not be deemed an additional civil penalty and shall not be deemed to change the amount of
the civil penalty imposed in this Judgment.  For purposes of this paragraph, a “Related Investor
Action” means a private damages action brought against Defendant by or on behalf of one or
more investors based on substantially the same facts as alleged in the Complaint in this action.
IX.
IT IS 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 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

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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 Amar Bahadoorsingh 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).
X.
 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.
XI.
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.

/s/ Douglas P. Woodlock_______
DOUGLAS P. WOODLOCK
      UNITED STATES DISTRICT JUDGE

UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 

 
 
SECURITIES AND EXCHANGE   ) 
COMMISSION,    ) 
      ) CIVIL ACTION NO. 
   Plaintiff,  ) 21-11938-DPW  
      )  
v.       )  
      ) 
AMAR BAHADOORSINGH,  ) 
      ) 
   Defendant.  ) 

 
FINAL JUDGMENT 

PURSUANT TO  
FED. R. CIV. P. 54(b) 

AS TO 
AMAR BAHADOORSINGH 

 
March 31, 2023 

 
The Securities and Exchange Commission (“Commission”) having moved for default 

judgment on its claims that defendant Amar Bahadoorsingh (“Defendant”) violated Sections  

5(a), 5(c) and 17(a)(1), (2), and (3) of the Securities Act of 1933 (“Securities Act”), and Section 

10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rules 10b-5(a), (b), and (c) 

thereunder, the Commission having demonstrated by declaration that the defendant is not an 

infant or incompetent person or in the military service of the United States, and no opposition 

having been filed:  

The Court now GRANTS the Commission’s motion as refined in response to inquiries by 

the Court, CONCLUDES that defendant Bahadoorsingh violated Sections 5(a), 5(c) and 

17(a)(1), (2), and (3) of the Securities Act, and Section 10(b) of the Exchange Act and Rules  

  

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2 
 

10b-5(a), (b), and (c) thereunder, and ACCORDINGLY further DIRECTS as follows:  

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  

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).  

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 [15 

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

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3 
 

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 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 Section 5 of the Securities Act [15 U.S.C.  

§ 77e] by, directly or indirectly, in the absence of any applicable exemption:  

(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  

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4 
 

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].  

 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 barred from participating in an offering of penny stock, including engaging in 

activities with a broker, dealer, or issuer for purposes of issuing, trading, or inducing or 

attempting to induce the purchase or sale of any penny stock.  A penny stock is any equity 

security that has a price of less than five dollars, except as provided in Rule 3a51-1 under the  

Exchange Act [17 C.F.R. § 240.3a51-1].  

 

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V.  

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

is permanently restrained and enjoined from directly or indirectly, including, but not limited to, 

through any entity owned or controlled by him, participating in the issuance, purchase, offer, or 

sale of any security, provided, however, that such injunction shall not prevent Defendant from 

purchasing or selling securities listed on a national securities exchange for his own personal 

account.  

VI. 

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

is liable for disgorgement of $231,020, representing net profits gained as a result of the conduct 

alleged in the Complaint, together with reasonably calculated prejudgment interest thereon in the 

amount of $28,416, and a civil penalty in the amount of $207,183 pursuant to 15 U.S.C. §§ 

77t(d) & 78u(d)(3).  Defendant shall satisfy this obligation by paying $466,619 to the Securities 

and Exchange Commission within 30 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 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  

 

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6 
 

and shall be accompanied by a letter identifying the case title, civil action number, and name of 

this Court; Amar Bahadoorsingh as a 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 may enforce the Court’s judgment for disgorgement and prejudgment 

interest by using all collection procedures authorized by law, including, but not limited to, 

moving for civil contempt at any time after 30 days following entry of this Final Judgment.   

The Commission may enforce the Court’s judgment for penalties by the use of all 

collection procedures authorized by law, including the Federal Debt Collection Procedures Act, 

28 U.S.C. § 3001 et seq., and moving for civil contempt for the violation of any Court orders 

issued in this action.  Defendant shall pay post judgment interest on any amounts due after 30 

days of the entry of this Final Judgment pursuant to 28 U.S.C. § 1961.  The Commission shall 

hold the funds, together with any interest and income earned thereon (collectively, the “Fund”), 

pending further order of the Court. 

VII. 

The Commission may propose a plan to distribute the Fund described in Section VI 

supra, subject to the Court’s approval.  Such a plan may provide that the Fund shall be 

distributed pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of 

2002.  The Court shall retain jurisdiction over the administration of any distribution of the Fund 

and the Fund may only be disbursed pursuant to an Order of the Court. 

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VIII. 

Regardless of whether any such Fair Fund distribution as described in Section VII supra 

is made, amounts ordered to be paid as civil penalties pursuant to this Judgment shall be treated 

as penalties paid to the government for all purposes, including all tax purposes.  To preserve the 

deterrent effect of the civil penalty,  Defendant shall not, after offset or reduction of any award of 

compensatory damages in any Related Investor Action based on Defendant’s payment of 

disgorgement in this action, argue that it is entitled to, nor shall it further benefit by, offset or 

reduction of such compensatory damages award by the amount of any part of Defendant’s 

payment of a civil penalty in this action (“Penalty Offset”).  If the court in any Related Investor 

Action grants such a Penalty Offset, Defendant shall, within 30 days after entry of a final order 

granting the Penalty Offset, notify the Commission’s counsel in this action and make payment to 

the Commission in accordance with Part VI of this Judgment; the Commission’s counsel 

thereupon shall seek direction from the Court whether to pay the amount of the Penalty Offset to 

the United States Treasury or to a Fair Fund, or otherwise as the Court directs.  Such a payment 

shall not be deemed an additional civil penalty and shall not be deemed to change the amount of 

the civil penalty imposed in this Judgment.  For purposes of this paragraph, a “Related Investor 

Action” means a private damages action brought against Defendant by or on behalf of one or 

more investors based on substantially the same facts as alleged in the Complaint in this action.  

IX. 

IT IS 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 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 

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8 
 

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 Amar Bahadoorsingh 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).  

X. 

 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.  

XI. 

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.  

 

 

 

 

 
/s/ Douglas P. Woodlock_______ 
DOUGLAS P. WOODLOCK 

      UNITED STATES DISTRICT JUDGE 
 

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