SEC v. CHARLIE ABUJUDEH, No. 1:21-cv-04110, Eastern District of New York (Jan. 23, 2023) — Judgment

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------x
SECURITIES AND EXCHANGE
COMMISSION,

Plaintiff,

- against -

CHARLIE ABUJUDEH,

Defendant.
-------------------------------------------------------x

FINAL JUDGMENT
21-CV-4110 (PKC) (CLP)

FINAL JUDGMENT AS TO DEFENDANT CHARLIE ABUJUDEH

The Securities and Exchange Commission having filed a Complaint and Defendant Charlie
Abujudeh  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:
(i) to employ any device, scheme, or artifice to defraud;

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(ii) 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
(iii) 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:
(i) to employ any device, scheme, or artifice to defraud;

(ii) 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
(iii) to engage in any transaction, practice, or course of business which operates or
would operate as a fraud or deceit upon the purchaser.

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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:

(i) 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;
(ii) Unless a registration statement is in effect as to a security, carrying or causing to
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
(iii) 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

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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  FURTHER  ORDERED,  ADJUDGED,  AND  DECREED  that,  pursuant  to  Section
21(d)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)] and Section 20(e) of the Securities Act [15
U.S.C.  §  77t(e)],  Defendant  is  prohibited  for  five  years  following  the  date  of  entry  of  this  Final
Judgment from acting as an officer or director of any issuer that has a class of securities registered
pursuant  to  Section  12  of  the  Exchange  Act  [15  U.S.C.  §  78l]  or  that  is  required  to  file  reports
pursuant to Section 15(d) of the Exchange Act [15 U.S.C. § 78o(d)].
V.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is
barred  for  five  years  following  the  date  of  entry  of  this  Final  Judgment  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].
VI.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is
liable  for  disgorgement  of  $4,523,045  representing  net  profits  gained  as  a  result  of  the  conduct
alleged  in  the  Complaint,  together  with  prejudgment  interest thereon in the amount of $115,993,

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and/or a civil penalty in the amount of $414,366 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)].    Defendant
shall  satisfy  this  obligation  by  paying  $5,053,403  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;  Charlie  Abujudeh  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.

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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.
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 Final 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  Final  Judgment.  For

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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.
VII.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being
served with a copy of this Final Judgment, sums on deposit in the Court’s Registry Account for this
case in the amount of $322,000 shall be paid to the Commission.  The Court’s Registry 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.    The  Court’s  Registry  also
may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.
VIII.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being
served  with  a  copy  of  this  Final  Judgment,  Clark  Hill  PLC  (“Clark  Hill”)  shall  transfer
$999,742.32  received  from  Defendant  Charlie  Abujudeh,  or  held  for  the  benefit  of  Charlie
Abujudeh to the Commission.

8

Clark Hill 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. Clark Hill also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment.
IX.
IT  IS  HEREBY  ORDERED,  ADJUDGED,  AND  DECREED  that  within  3  days  after
being served with a copy of this Final Judgment, Wells Fargo Bank, N.A. (“Wells Fargo”) shall
transfer  $3,731,661.68  of  the  following  Wells  Fargo  account  which  was  frozen  pursuant  to  an
Order of this Court to the Commission:
Account Owner Acct. Ending in:
Intermarket Associates
x5432

Wells Fargo 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. Wells Fargo also may transfer these funds by

9

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; and specifying that payment is made pursuant to this Final Judgment.
X.
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.
XI.
IT  IS  FURTHER  ORDERED,  ADJUDGED,  AND  DECREED  that,  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 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).

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XII.

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.

SO ORDERED.

/s/ Pamela K. Chen
 Pamela K. Chen
 United States District Judge
Dated:  January 20, 2023
            Brooklyn, New York

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
-------------------------------------------------------x 
SECURITIES AND EXCHANGE 
COMMISSION, 
 

Plaintiff, 
 
- against - 

 
CHARLIE ABUJUDEH, 

 
Defendant. 

-------------------------------------------------------x 

 
 
 
 

FINAL JUDGMENT 
21-CV-4110 (PKC) (CLP) 

 

FINAL JUDGMENT AS TO DEFENDANT CHARLIE ABUJUDEH 
 

The Securities and Exchange Commission having filed a Complaint and Defendant Charlie 

Abujudeh 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: 

(i) to employ any device, scheme, or artifice to defraud; 

Case 1:21-cv-04110-PKC-CLP   Document 32   Filed 01/20/23   Page 1 of 10 PageID #: 292



 

2 

 

 

(ii) 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 

(iii) 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: 

(i) to employ any device, scheme, or artifice to defraud; 
 

(ii) 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 

(iii) to engage in any transaction, practice, or course of business which operates or 

would operate as a fraud or deceit upon the purchaser. 

Case 1:21-cv-04110-PKC-CLP   Document 32   Filed 01/20/23   Page 2 of 10 PageID #: 293



 

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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: 

 
(i) 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; 

(ii) Unless a registration statement is in effect as to a security, carrying or causing to 

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 

(iii) 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 

Case 1:21-cv-04110-PKC-CLP   Document 32   Filed 01/20/23   Page 3 of 10 PageID #: 294



 

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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 FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 

21(d)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)] and Section 20(e) of the Securities Act [15 

U.S.C. § 77t(e)], Defendant is prohibited for five years following the date of entry of this Final 

Judgment from acting as an officer or director of any issuer that has a class of securities registered 

pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l] or that is required to file reports 

pursuant to Section 15(d) of the Exchange Act [15 U.S.C. § 78o(d)]. 

V. 

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

barred for five years following the date of entry of this Final Judgment 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]. 

VI. 

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

liable for disgorgement of $4,523,045 representing net profits gained as a result of the conduct 

alleged in the Complaint, together with prejudgment interest thereon in the amount of $115,993, 

Case 1:21-cv-04110-PKC-CLP   Document 32   Filed 01/20/23   Page 4 of 10 PageID #: 295



 

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and/or a civil penalty in the amount of $414,366 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)].  Defendant 

shall satisfy this obligation by paying $5,053,403 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; Charlie Abujudeh 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. 

Case 1:21-cv-04110-PKC-CLP   Document 32   Filed 01/20/23   Page 5 of 10 PageID #: 296



6 

 

 

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. 

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 Final 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 Final Judgment. For 

Case 1:21-cv-04110-PKC-CLP   Document 32   Filed 01/20/23   Page 6 of 10 PageID #: 297



7 

 

 

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. 

VII. 
 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being 

served with a copy of this Final Judgment, sums on deposit in the Court’s Registry Account for this 

case in the amount of $322,000 shall be paid to the Commission. The Court’s Registry 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.  The Court’s Registry also 

may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment. 

VIII. 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being 

served with a copy of this Final Judgment, Clark Hill PLC (“Clark Hill”) shall transfer 

$999,742.32 received from Defendant Charlie Abujudeh, or held for the benefit of Charlie 

Abujudeh to the Commission. 

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8 

 

 

Clark Hill 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.  Clark Hill also may transfer these funds 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; and specifying that payment is made pursuant to this Final Judgment. 

IX. 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after 

being served with a copy of this Final Judgment, Wells Fargo Bank, N.A. (“Wells Fargo”) shall 

transfer $3,731,661.68 of the following Wells Fargo account which was frozen pursuant to an 

Order of this Court to the Commission: 

Account Owner Acct. Ending in: 

Intermarket Associates x5432 

 
Wells Fargo 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. Wells Fargo also may transfer these funds by 

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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; and specifying that payment is made pursuant to this Final Judgment. 

X. 

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. 

XI. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, 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 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). 

 

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XII. 
 

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. 

 

SO ORDERED. 

 /s/ Pamela K. Chen 
 Pamela K. Chen 
 United States District Judge 
Dated:  January 20, 2023  
            Brooklyn, New York  
 

Case 1:21-cv-04110-PKC-CLP   Document 32   Filed 01/20/23   Page 10 of 10 PageID #: 301