SEC v. RANDALL J. MILLER; CHAD J. MILLER; and JEFFREY DE LA VEA GA, No. 1:26-cv-01738, Southern District of New York (Mar. 9, 2026) — Judgment
raw: Judgment As To Defendant Randall J Miller
Judgment As To Defendant Randall J Miller, No. 1:26-cv-01738 (Mar. 9, 2026)
Classified investment-adviser-fraud(confidence 90%). EDGAR detection: forms ADV/ADV-E/ADV-W/Form D· recall 33% / precision 13%. detection rule →
Statutes
15 U.S.C. § 78j(b)15 U.S.C. § 77q(a)15 U.S.C. § 77t(b)15 U.S.C. § 78u(d)26 U.S.C. § 6621(a)Section l 7(a) of the Securities ActSection 20(b) of the Securities ActSection 20(d) of the Securities Act
Parties
Securities and Exchange CommissionJeffrey Puzzullo
Keywords
document pageordered adjudgedadjudged decreedfurther orderedcv-jgkdocumentpagesecuritiesorderedadjudgeddecreedsecurities exchangedirectly indirectlycivil procedure
Extracted insights
Entities 3
- person defendant randy j. miller
- person randy j. miller
- agency Securities and Exchange Commission
Triples 8
- Securities and Exchange Commission filed a Complaint
- Randy J. Miller entered a general appearance
- Court ordered Defendant Randy J. Miller to be permanently restrained and enjoined from violating Section 10(b) of the Exchange Act
- Defendant Randy J. Miller is restrained from employing any device, scheme, or artifice to defraud
- Defendant Randy J. Miller is restrained from making any untrue statement of a material fact
- Defendant Randy J. Miller is restrained from engaging in any act, practice, or course of business that operates as a fraud or deceit
- Federal Rule of Civil Procedure 65(d)(2) binds Defendant’s officers, agents, servants, employees, and attorneys
- Defendant Randy J. Miller is restrained from violating Section 17(a) of the Securities Act
Text layers
Extracted body text (7,171c)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, RANDALL J. MILLER, CHAD J. MILLER, and JEFFREY DE LA VEA GA, Defendants. Case No. 1:25-cv-02702-JGK JUDGMENT AS TO DEFENDANT RANDY J. MILLER The Securities and Exchange Commission having filed a Complaint and Defendant Randy J. Miller 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 Judgment; waived findings of fact and conclusions of law; and waived any right to appeal from this Judgment: I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section lO(b) of the Securities Exchange Act of 1934 (the "Exchange Act") (15 U.S.C. § 78j(b)] and Rule l0b-5 promulgated thereunder (17 C.F.R. § 240.l0b-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; by, directly or indirectly making any false or misleading statement, or disseminating any false or misleading documents, materials, or information, about any investment in or offering of securities, the prospects for success of any product or company, the use of investor funds, or the misappropriation of investor funds or investment proceeds. 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 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 l 7(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 2 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; by, directly or indirectly making any false or misleading statement, or disseminating any false or misleading documents, materials, or information, about any investment in or offering of securities, the prospects for success of any product or company, the use of investor funds , or the misappropriation of investor funds or investment proceeds. 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 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 FURTHER ORDERED, ADJUDGED, AND DECREED that pursuant to Section 20(b) of the Securities Act [15 U.S.C. § 77t(b)] and Sections 21(d)(l) and 21(d)(5) of the Exchange Act [15 U.S.C. §§ 78u(d)(l), (d)(5)], Defendant is permanently restrained and enjoined from directly or indirectly, including, but not limited to, through any entity owned or controlled by Defendant, 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 for his own personal accounts. 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 3 receive actual notice of this 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 FURTHER ORDERED, ADJUDGED, AND DECREED that upon motion of the Commission, the Court shall determine whether it is appropriate to order disgorgement of ill gotten gains and/or a civil penalty pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)], and, if so, the amount(s) of the disgorgement and/or civil penalty. If disgorgement is ordered, Defendant shall pay prejudgment interest thereon, calculated from August 1, 2020, based on the rate of interest used by the Internal Revenue Service for the underpayment of federal income tax as set forth in 26 U.S.C. § 6621(a)(2). In connection with the Commission's motion for disgorgement and/or civil penalties, 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 Consent or this Judgment; (c) solely for the purposes of such motion, the allegations of the Complaint 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. In connection with the Commission's motion for disgorgement and/or civil penalties, the parties may take discovery, including discovery from appropriate non-parties. 4 V. 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. VI. 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. VII. 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. ES DISTRICT JUDGE 5
OCR text (7,989c · textlayer · 95% conf)
Case 1:25-cv-02702-JGK Document 21-6 Filed 07/15/25 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, RANDALL J. MILLER, CHAD J. MILLER, and JEFFREY DE LA VEA GA, Defendants. Case No. 1:25-cv-02702-JGK JUDGMENT AS TO DEFENDANT RANDY J. MILLER The Securities and Exchange Commission having filed a Complaint and Defendant Randy J. Miller 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 Judgment; waived findings of fact and conclusions of law; and waived any right to appeal from this Judgment: I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section lO(b) of the Securities Exchange Act of 1934 (the "Exchange Act") (15 U.S.C. § 78j(b)] and Rule l0b-5 promulgated thereunder (17 C.F.R. § 240.l0b-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; Case 1:25-cv-02702-JGK Document 25 Filed 07/16/25 Page 1 of 5 Case 1:25-cv-02702-JGK Document 21-6 Filed 07/15/25 Page 2 of 5 (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; by, directly or indirectly making any false or misleading statement, or disseminating any false or misleading documents, materials, or information, about any investment in or offering of securities, the prospects for success of any product or company, the use of investor funds, or the misappropriation of investor funds or investment proceeds. 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 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 l 7(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 2 Case 1:25-cv-02702-JGK Document 25 Filed 07/16/25 Page 2 of 5 Case 1:25-cv-02702-JGK Document 21-6 Filed 07/15/25 Page 3 of 5 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; by, directly or indirectly making any false or misleading statement, or disseminating any false or misleading documents, materials, or information, about any investment in or offering of securities, the prospects for success of any product or company, the use of investor funds , or the misappropriation of investor funds or investment proceeds. 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 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 FURTHER ORDERED, ADJUDGED, AND DECREED that pursuant to Section 20(b) of the Securities Act [15 U.S.C. § 77t(b)] and Sections 21(d)(l) and 21(d)(5) of the Exchange Act [15 U.S.C. §§ 78u(d)(l), (d)(5)], Defendant is permanently restrained and enjoined from directly or indirectly, including, but not limited to, through any entity owned or controlled by Defendant, 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 for his own personal accounts. 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 3 Case 1:25-cv-02702-JGK Document 25 Filed 07/16/25 Page 3 of 5 Case 1:25-cv-02702-JGK Document 21-6 Filed 07/15/25 Page 4 of 5 receive actual notice of this 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 FURTHER ORDERED, ADJUDGED, AND DECREED that upon motion of the Commission, the Court shall determine whether it is appropriate to order disgorgement of ill gotten gains and/or a civil penalty pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)], and, if so, the amount(s) of the disgorgement and/or civil penalty. If disgorgement is ordered, Defendant shall pay prejudgment interest thereon, calculated from August 1, 2020, based on the rate of interest used by the Internal Revenue Service for the underpayment of federal income tax as set forth in 26 U.S.C. § 6621(a)(2). In connection with the Commission's motion for disgorgement and/or civil penalties, 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 Consent or this Judgment; (c) solely for the purposes of such motion, the allegations of the Complaint 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. In connection with the Commission's motion for disgorgement and/or civil penalties, the parties may take discovery, including discovery from appropriate non-parties. 4 Case 1:25-cv-02702-JGK Document 25 Filed 07/16/25 Page 4 of 5 Case 1:25-cv-02702-JGK Document 21-6 Filed 07/15/25 Page 5 of 5 V. 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. VI. 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. VII. 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. ES DISTRICT JUDGE 5 Case 1:25-cv-02702-JGK Document 25 Filed 07/16/25 Page 5 of 5