SEC v. PREMIUM POINT INVESTMENTS LP

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
PREMIUM POINT INVESTMENTS LP,
ANILESHA AHUJA a/k/a NEIL AHUJA, AMIN
MAJIDI, JEREMY SHOR, ASHISH DOLE, and
FRANK DINUCCI, JR.,
Defendants.
18 Civ. 4145 (JPC)
[PROPOSED] FINAL JUDGMENT AS TO DEFENDANTS
PREMIUM POINT INVESTMENTS LP AND ANILESH AHUJA a/k/a NEIL AHUJA
The Securities and Exchange Commission (the “Commission”) having filed an Amended
Complaint and Defendants Premium Point Investments LP (“Premium Point”) and Anilesh Ahuja
a/k/a Neil Ahuja (“Ahuja”) having entered a general appearance; consented to the Court’s
jurisdiction over Defendants 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 Defendants are
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 Rules 10b-5(a)
and (c) promulgated thereunder [17 C.F.R. §§ 240.10b-5(a) and (c)], 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; or

2
(b)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) Defendants’ officers,
agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
with Defendants or with anyone described in (a).
II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants
are permanently restrained and enjoined from violating Sections 17(a)(1) and (3) of the Securities
Act of 1933 (the “Securities Act”) [15 U.S.C. §§ 77q(a)(1) and (3)] 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; or
(b)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) Defendants’ officers,
agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
with Defendants or with anyone described in (a).
III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants
are permanently restrained and enjoined from violating Sections 206(1) and (2) of the Investment

3
Advisers Act of 1940 (the “Advisers Act”) [15 U.S.C. §§ 80b-6(1) and 80b-6(2)] from, while
acting as investment advisers, by the use of any means or instruments of interstate commerce,
directly or indirectly:
(a)employing any device, scheme, or artifices to defraud any client or prospective
client; and
(b)to engage in any transaction, practice, or course of business which operates as a
fraud or deceit upon any client or prospective client.
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) Defendants’ officers,
agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
with Defendants or with anyone described in (a).
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants
are permanently restrained and enjoined from violating, directly or indirectly, Advisers Act
Section 206(4) [15 U.S.C. § 80b-6(4)] and Rule 206(4)-8(a)(2) [17 C.F.R. § 275.206(4)-8(a)(2)]
promulgated thereunder by, while acting as an investment adviser to a pooled investment vehicle,
engaging in any act, practice, or course of business that is fraudulent, deceptive, or manipulative
with respect to any investor or prospective investor in the pooled investment vehicle.
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) Defendants’ officers,
agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
with Defendants or with anyone described in (a).

4
V.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
Premium Point is permanently restrained and enjoined from violating, directly or indirectly,
Advisers Act Section 206(4) [15 U.S.C. § 80b-6(4)] and Rule 206(4)-2 [17 C.F.R. § 275.206(4)-2]
p
romulgated thereunder by failing to obtain an annual audit of the investment funds Premium
Point advised by an independent public accountant registered with and subject to regular
inspection by the Public Company Accounting Oversight Board, failing to obtain a surprise
examination of the investment funds Premium Point advised by an independent public accountant,
and failing to distribute audited fin
ancial statements to investors in the investment funds Premium
Point advised within 120 days of the end of those funds’ fiscal years.
I
T 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,
ag
ents, servants, employees, and attorneys; and (b) other persons in active concert or participation
with Defendant or with anyone described in (a).
VI.
I
T IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Ahuja shall
pay a civil penalty in the amount of $450,000 pursuant to Securities Act Section 20(d) [15 U.S.C. §
77t(d)], Exchange Act Section 21(d) [15 U.S.C. § 78u(d)], and Advisers Act Section 209 [15
U.
S.C. § 80b-9].  Ahuja shall pay this penalty in six installments to the Commission according to
the following schedule:  (1) $10,000, within 30 days after entry of this Final Judgment; (2)
$90,000, on or before December 31, 2022; (3) $87,500, on or before March 31, 2023; (4) $87,500,
on or before June 30, 2023; (5) $87
,500, on or before September 30, 2023; and (6) $87,500, on or
before December 31, 2023.

5
Enterprise S
ervices 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; Anilesh Ahuja as a defendant in this action; and specifying that payment is
made pursuant to this Final Judgment.
Ahuja shall simultaneously transmit photocopies of evidence of payment and case
identifying information to the Commission’s counsel in this action.  By making this payment,
Ahuja relinquishes all legal and equitable right, title, and interest in such funds and no part of the
funds shall be returned to Ahuja.  The Commission shall send the funds paid pursuant to this Final
Judgment to the United States Treasury.
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
If Ahuja fails to make any payment by the date agreed and/or in the amount agreed
according to the schedule set forth above, all outstanding payments under this Final Judgment,
including post-judgment interest, minus any payments made, shall become due and payable
immediately at the discretion of the staff of the Commission without further application to the
C
ourt.
Ahuja 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.  Ahuja
may also pay by certified check, bank cashier’s check, or United States postal money order
p
ayable to the Securities and Exchange Commission, which shall be delivered or mailed to

6
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.
VII.
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 Defendants
shall comply with all of the undertakings and agreements
set forth therein.
VIII.
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 Amended Complaint are true and admitted by
 Defendants, and further, any debt
for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant Ahuja
u
nder 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
Ahuja 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).
I
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.
X.
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  September 20,  2022
HON. JOHN P. CRONAN
UNITED STATES DISTRICT JUDGE

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 

SECURITIES AND EXCHANGE COMMISSION, 

Plaintiff, 

v. 

PREMIUM POINT INVESTMENTS LP, 
ANILESHA AHUJA a/k/a NEIL AHUJA, AMIN 
MAJIDI, JEREMY SHOR, ASHISH DOLE, and 
FRANK DINUCCI, JR.,  

Defendants.  

18 Civ. 4145 (JPC) 

[PROPOSED] FINAL JUDGMENT AS TO DEFENDANTS  
PREMIUM POINT INVESTMENTS LP AND ANILESH AHUJA a/k/a NEIL AHUJA 

The Securities and Exchange Commission (the “Commission”) having filed an Amended 

Complaint and Defendants Premium Point Investments LP (“Premium Point”) and Anilesh Ahuja 

a/k/a Neil Ahuja (“Ahuja”) having entered a general appearance; consented to the Court’s 

jurisdiction over Defendants 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 Defendants are 

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 Rules 10b-5(a) 

and (c) promulgated thereunder [17 C.F.R. §§ 240.10b-5(a) and (c)], 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; or

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2 

(b) 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) Defendants’ officers, 

agents, servants, employees, and attorneys; and (b) other persons in active concert or participation 

with Defendants or with anyone described in (a). 

II. 

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

are permanently restrained and enjoined from violating Sections 17(a)(1) and (3) of the Securities 

Act of 1933 (the “Securities Act”) [15 U.S.C. §§ 77q(a)(1) and (3)] 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; or

(b) 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) Defendants’ officers, 

agents, servants, employees, and attorneys; and (b) other persons in active concert or participation 

with Defendants or with anyone described in (a). 

III. 

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

are permanently restrained and enjoined from violating Sections 206(1) and (2) of the Investment 

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3 

Advisers Act of 1940 (the “Advisers Act”) [15 U.S.C. §§ 80b-6(1) and 80b-6(2)] from, while 

acting as investment advisers, by the use of any means or instruments of interstate commerce, 

directly or indirectly: 

(a) employing any device, scheme, or artifices to defraud any client or prospective

client; and

(b) to engage in any transaction, practice, or course of business which operates as a

fraud or deceit upon any client or prospective client.

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) Defendants’ officers, 

agents, servants, employees, and attorneys; and (b) other persons in active concert or participation 

with Defendants or with anyone described in (a). 

IV. 

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

are permanently restrained and enjoined from violating, directly or indirectly, Advisers Act 

Section 206(4) [15 U.S.C. § 80b-6(4)] and Rule 206(4)-8(a)(2) [17 C.F.R. § 275.206(4)-8(a)(2)] 

promulgated thereunder by, while acting as an investment adviser to a pooled investment vehicle, 

engaging in any act, practice, or course of business that is fraudulent, deceptive, or manipulative 

with respect to any investor or prospective investor in the pooled investment vehicle. 

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) Defendants’ officers, 

agents, servants, employees, and attorneys; and (b) other persons in active concert or participation 

with Defendants or with anyone described in (a). 

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4 

V. 

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

Premium Point is permanently restrained and enjoined from violating, directly or indirectly, 

Advisers Act Section 206(4) [15 U.S.C. § 80b-6(4)] and Rule 206(4)-2 [17 C.F.R. § 275.206(4)-2] 

promulgated thereunder by failing to obtain an annual audit of the investment funds Premium 

Point advised by an independent public accountant registered with and subject to regular 

inspection by the Public Company Accounting Oversight Board, failing to obtain a surprise 

examination of the investment funds Premium Point advised by an independent public accountant, 

and failing to distribute audited financial statements to investors in the investment funds Premium 

Point advised within 120 days of the end of those funds’ fiscal years. 

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). 

VI. 

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Ahuja shall 

pay a civil penalty in the amount of $450,000 pursuant to Securities Act Section 20(d) [15 U.S.C. § 

77t(d)], Exchange Act Section 21(d) [15 U.S.C. § 78u(d)], and Advisers Act Section 209 [15 

U.S.C. § 80b-9].  Ahuja shall pay this penalty in six installments to the Commission according to 

the following schedule:  (1) $10,000, within 30 days after entry of this Final Judgment; (2) 

$90,000, on or before December 31, 2022; (3) $87,500, on or before March 31, 2023; (4) $87,500, 

on or before June 30, 2023; (5) $87,500, on or before September 30, 2023; and (6) $87,500, on or 

before December 31, 2023.   

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5 

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; Anilesh Ahuja as a defendant in this action; and specifying that payment is 

made pursuant to this Final Judgment. 

Ahuja shall simultaneously transmit photocopies of evidence of payment and case 

identifying information to the Commission’s counsel in this action.  By making this payment, 

Ahuja relinquishes all legal and equitable right, title, and interest in such funds and no part of the 

funds shall be returned to Ahuja.  The Commission shall send the funds paid pursuant to this Final 

Judgment to the United States Treasury. 

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 

If Ahuja fails to make any payment by the date agreed and/or in the amount agreed 

according to the schedule set forth above, all outstanding payments under this Final Judgment, 

including post-judgment interest, minus any payments made, shall become due and payable 

immediately at the discretion of the staff of the Commission without further application to the 

Court. 

Ahuja 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.  Ahuja 

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 

Case 1:18-cv-04145-JPC   Document 46   Filed 09/20/22   Page 5 of 6



6 

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. 

VII. 

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 Defendants 

shall comply with all of the undertakings and agreements set forth therein. 

VIII. 

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 Amended Complaint are true and admitted by Defendants, and further, any debt 

for disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant Ahuja 

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 

Ahuja 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). 

IX. 

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. 

X. 

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  September 20,  2022 

HON. JOHN P. CRONAN 
UNITED STATES DISTRICT JUDGE 

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