SEC v. Michael Gastauer; Roger Knox; Wintercap SA; Michael T. Gastauer; WB21 US INC.; Silvertown SA Inc., et al., No. 1:18-cv-12058, District of Massachusetts (Mar. 24, 2022) — Judgment

1
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
___________________________________________
)
SECURITIES AND EXCHANGE COMMISSION,    )
)
Plaintiff, )
)
v. ) Case No.  1:18-cv-12058-RGS
)
ROGER KNOX, WINTERCAP SA, )
MICHAEL T. GASTAUER, WB21 US )
INC., SILVERTON SA INC., WB21 NA )
INC., C CAPITAL CORP., WINTERCAP )
SA INC. AND B2 CAP INC.  )
)
Defendants, )
and )
)
RAIMUND GASTAUER, SIMONE )
GASTAUER FOEHR, B21 LTD., SHAMAL )
INTERNATIONAL FZE, AND WB21 DMCC )
)
Relief Defendants. )
___________________________________________ )
FINAL JUDGMENT AS TO DEFENDANT MICHAEL GASTAUER
The Securities and Exchange Commission (“Commission”) having moved for default
judgment on its claims that defendant Michael Gastauer (“Defendant”) aided and abetted
violations of Sections 5(a), 5(c) and 17(a) of the Securites Act   of 1933 (“Securities Act”),
and
Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 10b-5
thereunder,  the Court now GRANTS the Commission’s motion, FINDS that defendant
Michael Gastauer aided and abetted violations of Sections 5(a), 5(c) and 17(a) of the Securites
Act, and Section 10(b) of
the Exchange Act and Rule 10b-5 thereunder, and further orders as
follows:

2
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:
(a)to employ any device, scheme, or artifice to defraud;
(b)to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances
under which they were made, not misleading; or
(c)to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in
Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who
receive actual notice of this Final Judgment by personal service or otherwise:  (a) Defendant’s
officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendant or with anyone described in (a).
II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Section 17(a) of the Securities Act 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

3
mails, directly or indirectly:
(a)to employ any device, scheme, or artifice to defraud;
(b)to obtain money or property by means of any untrue statement of a material fact
or any omission of a material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not misleading;
or
(c)to engage in any transaction, practice, or course of business which operates or
would operate as a fraud or deceit upon the purchaser.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in
Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who
receive actual notice of this Final Judgment by personal service or otherwise:  (a) Defendant’s
officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendant or with anyone described in (a).
III.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is permanently restrained and enjoined from violating Section 5 of the Securities Act [15 U.S.C.
§77e] by, directly or indirectly, in the absence of any applicable exemption:
(a)Unless a registration statement is in effect as to a security, making use of any
means or instruments of transportation or communication in interstate commerce
or of the mails to sell such security through the use or medium of any prospectus
or otherwise;
(b)Unless a registration statement is in effect as to a security, carrying or causing to
be carried through the mails or in interstate commerce, by any means or

4
instruments of transportation, any such security for the purpose of sale or for
delivery after sale; or
(c)Making use of any means or instruments of transportation or communication in
interstate commerce or of the mails to offer to sell or offer to buy through the use
or medium of any prospectus or otherwise any security, unless a registration
statement has been filed with the Commission as to such security, or while the
registration statement is the subject of a refusal order or stop order or (prior to the
effective date of the registration statement) any public proceeding or examination
under Section 8 of the Securities Act [15 U.S.C. §77h].
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in
Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who
receive actual notice of this Final Judgment by personal service or otherwise:  (a) Defendant’s
officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendant or with anyone described in (a).
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
is liable for disgorgement of $11,264,415 representing net profits gained as a result of the
conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of
$1,736,559, jointly and severally with: Silverton SA Inc., WB21 NA Inc., WB21 US Inc., C
Capital Corp., Wintercap SA Inc., and B2 Cap Inc., and a civil penalty in the amount of
$4,350,843 pursuant to 15 U.S.C. §§77t(d) & 78u(d)(3).  Defendant shall satisfy this obligation
by paying $17,351,817 to the Securities and Exchange Commission within 30 days after entry of
this Final Judgment.

5
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; Michael Gastauer as a defendant in this action; and specifying that payment is made
pursuant to this Final Judgment.
Defendant shall simultaneously transmit photocopies of evidence of payment and case
identifying information to the Commission’s counsel in this action.  By making this payment,
Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part
of the funds shall be returned to Defendant.
The Commission may enforce the Court’s judgment for disgorgement and prejudgment
interest by using all collection procedures authorized by law, including, but not limited to,
moving for civil contempt at any time after 30 days following entry of this Final Judgment.
The Commission may enforce the Court’s judgment for penalties by the use of all
collection procedures authorized by law, including the Federal Debt Collection Procedures Act,
28 U.S.C. §3001 et seq., and moving for civil contempt for the violation of any Court orders
issued in this action.  Defendant shall pay post judgment interest on any amounts due after 30
days of the entry of this Final Judgment pursuant to 28 U.S.C. §1961.  The Commission shall

6
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 it is entitled to, nor shall it further benefit by, offset or reduction of such
compensatory damages award by the amount of any part  of Defendant’s payment of a civil
penalty in this action (“Penalty Offset”).  If the court in any Related
Investor Acti   on 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
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.

7
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.
VI.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the sums currently
held in trust for the benefit of Defendants in this action by Quinn Emanuel Urquhart & Sullivan
LLP (“Quinn Emanuel”), which total $770,376.36, plus any accrued interest, shall be transferred
to the Commission in partial satisfaction of this monetary judgment.  Quinn Emanuel 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
.
V.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the sums on deposit in
the Court’s Registry Account
that were recovered from Netjets and Defendant’s former counsel,
which total at l east $597,679.58, shall be transferred to the Commission in partial satisfaction of
this monetary judgment.  The Court’s Registry Account 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 Account 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

8
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.
VII.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy of this Final Judgment, WB21 Pte. Ltd. shall transfer the entire balance
of the following WB21 Pte. Ltd. account(s), including any accrued interest, which were frozen
pursuant to an Order of this Court to the Commission:
Account Owner Currency Acct. Ending in:
Wintercap SA USD ****1467
Wintercap SA CAD ****4730
Wintercap SA EUR ****6456
Wintercap SA CHF ****1468
Wintercap SA GBP ****5457
WB21 Pte. Ltd. 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
.  WB21 Pte. Ltd. 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
Quinn Emanuel 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

9
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 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 Michael Gastauer 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:
March 23, 2022
____________________________________

UNITED STATES DISTRICT JUDGE

Enterprise Services Center
Accounts Receivable
Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
/s/ Richard G. Stearns

1 

UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 

___________________________________________ 
) 

SECURITIES AND EXCHANGE COMMISSION, ) 
) 

Plaintiff, ) 
) 

v. ) Case No.  1:18-cv-12058-RGS 
) 

ROGER KNOX, WINTERCAP SA, ) 
MICHAEL T. GASTAUER, WB21 US ) 
INC., SILVERTON SA INC., WB21 NA ) 
INC., C CAPITAL CORP., WINTERCAP ) 
SA INC. AND B2 CAP INC.  ) 

) 
Defendants, ) 

and ) 
) 

RAIMUND GASTAUER, SIMONE ) 
GASTAUER FOEHR, B21 LTD., SHAMAL ) 
INTERNATIONAL FZE, AND WB21 DMCC ) 

) 
Relief Defendants. ) 

___________________________________________ ) 

FINAL JUDGMENT AS TO DEFENDANT MICHAEL GASTAUER

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

judgment on its claims that defendant Michael Gastauer (“Defendant”) aided and abetted 

violations of Sections 5(a), 5(c) and 17(a) of the Securites Act of 1933 (“Securities Act”), and 

Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 10b-5 

thereunder, the Court now GRANTS the Commission’s motion, FINDS that defendant 

Michael Gastauer aided and abetted violations of Sections 5(a), 5(c) and 17(a) of the Securites 

Act, and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and further orders as 

follows: 

Case 1:18-cv-12058-RGS   Document 241   Filed 03/23/22   Page 1 of 9



2 

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: 

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

(b) to make any untrue statement of a material fact or to omit to state a material fact

necessary in order to make the statements made, in the light of the circumstances

under which they were made, not misleading; or

(c) to engage in any act, practice, or course of business which operates or would

operate as a fraud or deceit upon any person.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 

Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who 

receive actual notice of this Final Judgment by personal service or otherwise:  (a) Defendant’s 

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

participation with Defendant or with anyone described in (a). 

II. 

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

is permanently restrained and enjoined from violating Section 17(a) of the Securities Act 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 

Case 1:18-cv-12058-RGS   Document 241   Filed 03/23/22   Page 2 of 9



3 

mails, directly or indirectly: 

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

(b) to obtain money or property by means of any untrue statement of a material fact

or any omission of a material fact necessary in order to make the statements

made, in light of the circumstances under which they were made, not misleading;

or

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

would operate as a fraud or deceit upon the purchaser.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 

Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who 

receive actual notice of this Final Judgment by personal service or otherwise:  (a) Defendant’s 

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

participation with Defendant or with anyone described in (a). 

III. 

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

is permanently restrained and enjoined from violating Section 5 of the Securities Act [15 U.S.C. 

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

(a) Unless a registration statement is in effect as to a security, making use of any

means or instruments of transportation or communication in interstate commerce

or of the mails to sell such security through the use or medium of any prospectus

or otherwise;

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

be carried through the mails or in interstate commerce, by any means or

Case 1:18-cv-12058-RGS   Document 241   Filed 03/23/22   Page 3 of 9



4 

instruments of transportation, any such security for the purpose of sale or for 

delivery after sale; or 

(c) Making use of any means or instruments of transportation or communication in

interstate commerce or of the mails to offer to sell or offer to buy through the use

or medium of any prospectus or otherwise any security, unless a registration

statement has been filed with the Commission as to such security, or while the

registration statement is the subject of a refusal order or stop order or (prior to the

effective date of the registration statement) any public proceeding or examination

under Section 8 of the Securities Act [15 U.S.C. §77h].

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 

Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who 

receive actual notice of this Final Judgment by personal service or otherwise:  (a) Defendant’s 

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

participation with Defendant or with anyone described in (a). 

IV. 

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

is liable for disgorgement of $11,264,415 representing net profits gained as a result of the 

conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of 

$1,736,559, jointly and severally with: Silverton SA Inc., WB21 NA Inc., WB21 US Inc., C 

Capital Corp., Wintercap SA Inc., and B2 Cap Inc., and a civil penalty in the amount of 

$4,350,843 pursuant to 15 U.S.C. §§77t(d) & 78u(d)(3).  Defendant shall satisfy this obligation 

by paying $17,351,817 to the Securities and Exchange Commission within 30 days after entry of 

this Final Judgment.     

Case 1:18-cv-12058-RGS   Document 241   Filed 03/23/22   Page 4 of 9



5 

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; Michael Gastauer as a defendant in this action; and specifying that payment is made 

pursuant to this Final Judgment.   

Defendant shall simultaneously transmit photocopies of evidence of payment and case 

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

Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part 

of the funds shall be returned to Defendant.   

The Commission may enforce the Court’s judgment for disgorgement and prejudgment 

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

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

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

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

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

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

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

Case 1:18-cv-12058-RGS   Document 241   Filed 03/23/22   Page 5 of 9



6 

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 it is entitled to, nor shall it further benefit by, offset or reduction of such 

compensatory damages award by the amount of any part of Defendant’s payment of a civil 

penalty in this action (“Penalty Offset”).  If the court in any Related Investor Action grants such 

a Penalty Offset, Defendant shall, within 30 days after entry of a final order granting the Penalty 

Offset, notify the Commission’s counsel in this action and 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 

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. 

Case 1:18-cv-12058-RGS   Document 241   Filed 03/23/22   Page 6 of 9



7 

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. 

VI. 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the sums currently 

held in trust for the benefit of Defendants in this action by Quinn Emanuel Urquhart & Sullivan 

LLP (“Quinn Emanuel”), which total $770,376.36, plus any accrued interest, shall be transferred 

to the Commission in partial satisfaction of this monetary judgment.  Quinn Emanuel 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.  

V. 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the sums on deposit in 

the Court’s Registry Account that were recovered from Netjets and Defendant’s former counsel, 

which total at least $597,679.58, shall be transferred to the Commission in partial satisfaction of 

this monetary judgment.  The Court’s Registry Account 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 Account 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  

Case 1:18-cv-12058-RGS   Document 241   Filed 03/23/22   Page 7 of 9



8 

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. 

VII. 

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

being served with a copy of this Final Judgment, WB21 Pte. Ltd. shall transfer the entire balance 

of the following WB21 Pte. Ltd. account(s), including any accrued interest, which were frozen 

pursuant to an Order of this Court to the Commission: 

Account Owner Currency Acct. Ending in: 
Wintercap SA USD ****1467 
Wintercap SA CAD ****4730 
Wintercap SA EUR ****6456 

Wintercap SA CHF ****1468 

Wintercap SA GBP ****5457 

WB21 Pte. Ltd. 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.  WB21 Pte. Ltd. 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  

Quinn Emanuel 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  

Case 1:18-cv-12058-RGS   Document 241   Filed 03/23/22   Page 8 of 9



9 

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 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 Michael Gastauer 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:  March 23, 2022 

____________________________________ 
UNITED STATES DISTRICT JUDGE 

Enterprise Services Center  
Accounts Receivable Branch  
6500 South MacArthur Boulevard 
Oklahoma City, OK 73169  

/s/ Richard G. Stearns

Case 1:18-cv-12058-RGS   Document 241   Filed 03/23/22   Page 9 of 9