SEC v. TRENDS INVESTMENTS INC.; BRANDON ROSSETTI; CLINTON GREYLING; LESLIE GREYLING; ROGER BENDELAC; and THOMAS CAPELLINI, No. 1:22-cv-10889, District of Massachusetts (Apr. 27, 2023) — Judgment
raw: SEC v. TRENDS INVESTMENTS INC.
SEC v. TRENDS INVESTMENTS INC., No. 1:22-cv-10889 (Apr. 27, 2023)
The SEC obtained a default judgment against Leslie Greyling for securities fraud, resulting in a permanent injunction and a penny stock bar.
The court found that Leslie Greyling violated Sections 17(a) of the Securities Act and Section 10(b) of the Exchange Act through fraudulent schemes and material misstatements. Greyling was ordered to pay a total of $2,583,003, which consists of $1,774,747 in disgorgement, $361,798 in prejudgment interest, and a $446,458 civil penalty. The final judgment also imposes a permanent bar prohibiting him from participating in any penny stock offerings.
The Securities and Exchange Commission filed a lawsuit against Leslie Greyling and several others, including Trends Investments Inc., alleging violations of federal securities laws. Greyling, who resides in the United Kingdom, failed to respond to the complaint, leading the court to enter a default judgment against him. The court determined that Greyling violated Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act by employing schemes to defraud and making material misstatements. As part of the final judgment, Greyling is ordered to pay $2,583,003, broken down into $1,774,747 in disgorgement, $361,798 in prejudgment interest, and a $446,458 civil penalty. Additionally, the court imposed a permanent injunction against future violations of the Securities Act and Exchange Act. Finally, Greyling is permanently barred from participating in any penny stock offerings, including activities with brokers, dealers, or issuers.
Extracted insights
- $2.58M $2,583,003 $1M–$10M
- $2.58M $2,583,003 $1M–$10M
- $1.77M $1,774,747 $1M–$10M
- $446K $446,458 $100K–$1M
- $362K $361,798 $100K–$1M
- person leslie greyling
- Securities And Exchange Commission commenced this action by filing a complaint against Leslie Greyling and others
- Leslie Greyling resides United Kingdom
- Leslie Greyling was served by mail at his residential address in United Kingdom on November 11, 2022
- Leslie Greyling’s Answer To The Complaint was due by December 2, 2022
- Leslie Greyling has not filed an answer or a notice of appearance
- Commission filed a request for entry of default as to Leslie Greyling on March 9, 2023
- Clerk’s Notice Of Default was entered against Leslie Greyling on March 10, 2023
- Commission has applied for entry of this Final Judgment based on Leslie Greyling’s failure to answer the Commission’s Complaint
- Leslie Greyling has violated Sections 17(a) of the Securities Act, Section 10(b) of the Exchange Act, and Rule 10b-5
- Defendant is restrained and enjoined from violating Section 17(a) of the Securities Act in the offer or sale of any security
1
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSE
TTS
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
TRENDS INVESTMENTS INC.,
BRANDON ROSSETTI, CLINTON
GREYLING, LESLIE GREYLING,
ROGER BENDELAC, and THOMAS
CAPELLINI
Defendants.
Civil Action No. 22-CV-10889-
RGS
FINAL JUDGMENT AS TO DEFENDANT LESLIE GREYLING
WHEREAS, on June 8, 2022, the plaintiff Securities and Exchange Commission
(“Commission”) commenced this action by filing a Complaint against defendant Lesile Greyling
(
“Lesile Greyling” or “Defendant”) and others;
WHEREAS, Leslie Greyling resides in the United Kingdom. He was validly served by
mail at his residential address in the United Kingdom on Nov
ember 11, 2022 under the Hague
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters. (See Dkt. No. 81 (Executed Proof of Service).)
WHEREAS, Leslie Greyling’s Answer to the Complaint was due by December 2,
2022,
which was the date 21 days after he was served with the complaint. See Fed. R. Civ. P.
1
2(a)(1)(i). Leslie Greyling has not filed an answer or a notice of appearance, and no counsel
has appeared on Leslie Greyling’s behalf or contacted the undersigned on Leslie Greyling’s
behalf.
2
WHEREAS, the Commission filed a request for entry of default as to Leslie Greyling on
March 9, 2023, for failure to answer or otherwise appear. See Dkt. No. 99;
WHEREAS, in acco
rdance with Fed. R. Civ. P. 55(a), a clerk’s Notice of Default was
entered against Leslie Greyling on March 10, 2023. See Dkt. No. 103;
WHEREAS, the Court accepts as true the factual allegations of the Complaint against
defendant Lesile Greyling who has defaulted, and finds that the Court has jurisdiction over this
action pursuant to Sections 20(d) and 22(a) of the Securities Act of 1933 (“Securities Act”) [15
U.S.C. §§77t(d), 77v(a)], and Sections 21(d), 21(e) and 27 of the Securities Exchange Act of
1934 (“Exchange Act”) [15 U.S.C. §§78u(d), 78u(e), 78aa];
WHEREAS, the Commission has applied, pursuant to Fed. R. Civ. P. 55(b)(2), for the
entry of this Final Judgment based on defendant Leslie Greyling’s failure to answer or otherwise
respond to the Commission’s Complaint, and the Court having considered the prima facie case
for relief shown by the Commission’s Complaint, the memorandum of law in support of the
Commission’s motion for default judgment, and the supporting Declaration of Ryan Murphy,
which showing has not been rebutted by defendant Leslie Greyling, the Court finds that Leslie
Greyling has violated Sections 17(a) of the Securities Act and Section 10(b) of the Exchange Act
and Rule 10b-5 thereunder;
NOW THEREFORE, BASED ON THE FOREGOING:
I.
IT IS HEREBY 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
transportation or communication in interstate commerce or by use of the mails, directly or
3
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 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, 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;
4
(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 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 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].
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendants Trends and Leslie Greyling are liable on a joint and several basis for disgorgement of
$1,774,747, representing net profits gained as a result of the conduct alleged in the Complaint,
together with prejudgment interest thereon in the amount of $361,798. Defendant Leslie
Greyling is liable for a civil penalty in the amount of $446,458. Defendant Leslie Greyling is
5
liable for a total of $2,583,003. Defendant Leslie Greyling shall satisfy this obligation by paying
$2,583,003 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
and shall be accompanied by a letter identifying the case title, civil action number, and name of
this Court; Leslie Greyling 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,
6
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.
The Commission may propose a plan to distribute the Fund 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.
Regardless of whether any such Fair Fund distribution 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 he is entitled to, nor shall he 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 pay the amount of the Penalty Offset
to the United States Treasury or to a Fair Fund, as the Commission 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
7
Action” means a private damages action brought against Defendant by or on behalf of one or
more investors based on substantially the sam
e facts as alleged in the Complaint in this action.
V.
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
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 Leslie Greyling 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).
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 Final 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 Final Judgment forthwith and without further notice.
Dated: ______________, 2023
____________________________________
UNITED STATES DISTRICT JUDGE
/s/ Richard G. Stearns
April 251 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. TRENDS INVESTMENTS INC., BRANDON ROSSETTI, CLINTON GREYLING, LESLIE GREYLING, ROGER BENDELAC, and THOMAS CAPELLINI Defendants. Civil Action No. 22-CV-10889- RGS FINAL JUDGMENT AS TO DEFENDANT LESLIE GREYLING WHEREAS, on June 8, 2022, the plaintiff Securities and Exchange Commission (“Commission”) commenced this action by filing a Complaint against defendant Lesile Greyling (“Lesile Greyling” or “Defendant”) and others; WHEREAS, Leslie Greyling resides in the United Kingdom. He was validly served by mail at his residential address in the United Kingdom on November 11, 2022 under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. (See Dkt. No. 81 (Executed Proof of Service).) WHEREAS, Leslie Greyling’s Answer to the Complaint was due by December 2, 2022, which was the date 21 days after he was served with the complaint. See Fed. R. Civ. P. 12(a)(1)(i). Leslie Greyling has not filed an answer or a notice of appearance, and no counsel has appeared on Leslie Greyling’s behalf or contacted the undersigned on Leslie Greyling’s behalf. Case 1:22-cv-10889-RGS Document 127 Filed 04/25/23 Page 1 of 7 2 WHEREAS, the Commission filed a request for entry of default as to Leslie Greyling on March 9, 2023, for failure to answer or otherwise appear. See Dkt. No. 99; WHEREAS, in accordance with Fed. R. Civ. P. 55(a), a clerk’s Notice of Default was entered against Leslie Greyling on March 10, 2023. See Dkt. No. 103; WHEREAS, the Court accepts as true the factual allegations of the Complaint against defendant Lesile Greyling who has defaulted, and finds that the Court has jurisdiction over this action pursuant to Sections 20(d) and 22(a) of the Securities Act of 1933 (“Securities Act”) [15 U.S.C. §§77t(d), 77v(a)], and Sections 21(d), 21(e) and 27 of the Securities Exchange Act of 1934 (“Exchange Act”) [15 U.S.C. §§78u(d), 78u(e), 78aa]; WHEREAS, the Commission has applied, pursuant to Fed. R. Civ. P. 55(b)(2), for the entry of this Final Judgment based on defendant Leslie Greyling’s failure to answer or otherwise respond to the Commission’s Complaint, and the Court having considered the prima facie case for relief shown by the Commission’s Complaint, the memorandum of law in support of the Commission’s motion for default judgment, and the supporting Declaration of Ryan Murphy, which showing has not been rebutted by defendant Leslie Greyling, the Court finds that Leslie Greyling has violated Sections 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder; NOW THEREFORE, BASED ON THE FOREGOING: I. IT IS HEREBY 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 transportation or communication in interstate commerce or by use of the mails, directly or Case 1:22-cv-10889-RGS Document 127 Filed 04/25/23 Page 2 of 7 3 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 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, 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; Case 1:22-cv-10889-RGS Document 127 Filed 04/25/23 Page 3 of 7 4 (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 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 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]. IV. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants Trends and Leslie Greyling are liable on a joint and several basis for disgorgement of $1,774,747, representing net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $361,798. Defendant Leslie Greyling is liable for a civil penalty in the amount of $446,458. Defendant Leslie Greyling is Case 1:22-cv-10889-RGS Document 127 Filed 04/25/23 Page 4 of 7 5 liable for a total of $2,583,003. Defendant Leslie Greyling shall satisfy this obligation by paying $2,583,003 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 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Leslie Greyling 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, Case 1:22-cv-10889-RGS Document 127 Filed 04/25/23 Page 5 of 7 6 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. The Commission may propose a plan to distribute the Fund 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. Regardless of whether any such Fair Fund distribution 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 he is entitled to, nor shall he 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 pay the amount of the Penalty Offset to the United States Treasury or to a Fair Fund, as the Commission 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 Case 1:22-cv-10889-RGS Document 127 Filed 04/25/23 Page 6 of 7 7 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. V. 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 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 Leslie Greyling 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). 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 Final 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 Final Judgment forthwith and without further notice. Dated: ______________, 2023 ____________________________________ UNITED STATES DISTRICT JUDGE /s/ Richard G. Stearns April 25 Case 1:22-cv-10889-RGS Document 127 Filed 04/25/23 Page 7 of 7