SEC v. JOSEPH MELI
SEC v. JOSEPH MELI, No. 1:17-cv-00632 (S.D.N.Y. Apr. 12, 2019)
Joseph Meli and affiliated entities were found liable for securities fraud, ordered to disgorge over $105 million, and permanently enjoined from future violations of securities laws.
Joseph Meli and several affiliated entities were found liable for securities fraud under Sections 10(b) and 17(a) of the federal securities laws. Meli was ordered to disgorge $55.2 million, while the corporate entities collectively owed over $50 million, with relief defendants liable for an additional $728,938.66. The total amount of disgorgement and prejudgment interest ordered is over $104 million.
Joseph Meli and several affiliated entities, including 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC, were found liable for securities fraud under Sections 10(b) and 17(a) of the federal securities laws. The alleged fraud involved misrepresenting the use of investor funds, with Meli and the companies using the funds for personal expenses and other unauthorized purposes. The SEC sought and obtained a final judgment imposing disgorgement totaling over $105 million across all defendants and relief defendants, with all amounts deemed satisfied by a prior criminal restitution order against Meli in a related case. Meli personally was ordered to disgorge $55.2 million, while the corporate entities collectively owed over $50 million, with relief defendants liable for an additional $728,938.66. The judgment permanently enjoins all parties from future violations of securities laws and mandates the transfer of frozen assets to the court clerk for distribution. The court retained jurisdiction to enforce the judgment.
Extracted insights
- $55.23M $55,228,058 $10M–$100M
- $51.22M $51,217,158 $10M–$100M
- $36.14M $36,141,343 $10M–$100M
- $33.52M $33,516,604 $10M–$100M
- $10.91M $10,910,194 $10M–$100M
- $10.12M $10,117,849 $10M–$100M
- $4.01M $4,010,899 $1M–$10M
- $3.15M $3,147,699 $1M–$10M
- $2.92M $2,919,100 $1M–$10M
- $2.62M $2,624,739 $1M–$10M
- $792K $792,345 $100K–$1M
- $414K $414,071 $100K–$1M
- company 127 holdings, llc
- company 127 iconic holdings, llc
- company 127 partners, llc
- company advance entertainment ii, llc
- company advance entertainment, llc
- organization Court
- organization Defendants
- person general appearance
- person joseph meli
- company nineteen two productions, llc
- person relief defendants
- agency Securities and Exchange Commission
- organization Securities and Exchange Commission
- Securities and Exchange Commission filed complaint and amended complaint
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC entered a general appearance
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC consented to entry of this Final Judgment
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC waived findings of fact and conclusions of law
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC waived any right to appeal from this Final Judgment
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC are permanently restrained and enjoined from violating Section 10(b) of the Securities Exchange Act of 1934
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC are permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC are permanently restrained and enjoined from violating Rule 10b-5
- Securities and Exchange Commission filed a complaint amended complaint against Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC
- Joseph Meli consented to entry of this Final Judgment
- 127 Holdings, LLC consented to entry of this Final Judgment
- Advance Entertainment, LLC consented to entry of this Final Judgment
- Advance Entertainment II, LLC consented to entry of this Final Judgment
- 127 Partners, LLC consented to entry of this Final Judgment
- 127 Iconic Holdings, LLC consented to entry of this Final Judgment
- Nineteen Two Productions, LLC consented to entry of this Final Judgment
- Court restrained and enjoined Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC from violating Section 10(b) of the Exchange Act and Rule 10b-5
- Court restrained and enjoined Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC from violating Section 17(a) of the Securities Act
- SECURITIES AND EXCHANGE COMMISSION filed complaint
- JOSEPH MELI entered general appearance
- 127 HOLDINGS, LLC entered general appearance
- ADVANCE ENTERTAINMENT, LLC entered general appearance
- ADVANCE ENTERTAINMENT II, LLC entered general appearance
- 127 PARTNERS, LLC entered general appearance
- 127 ICONIC HOLDINGS, LLC entered general appearance
- NINETEEN TWO PRODUCTIONS, LLC entered general appearance
- Defendants consented entry of Final Judgment
- Relief Defendants consented entry of Final Judgment
- Defendants waived findings of fact
- Defendants waived conclusions of law
- Defendants waived right to appeal
- JOSEPH MELI restrained violating Section 10(b)
- 127 HOLDINGS, LLC restrained violating Section 10(b)
- ADVANCE ENTERTAINMENT, LLC restrained violating Section 10(b)
- ADVANCE ENTERTAINMENT II, LLC restrained violating Section 10(b)
- JOSEPH MELI restrained violating Section 17(a)
- 127 HOLDINGS, LLC restrained violating Section 17(a)
- ADVANCE ENTERTAINMENT, LLC restrained violating Section 17(a)
- ADVANCE ENTERTAINMENT II, LLC restrained violating Section 17(a)
- The Securities and Exchange Commission filed a complaint and amended complaint
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC entered a general appearance
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC consented to entry of this Final Judgment
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC waived findings of fact and conclusions of law
- Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC waived any right to appeal from this Final Judgment
- The Court ordered Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC to be permanently restrained and enjoined from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder
- The Court ordered Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC to be permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
- Securities and Exchange Commission filed complaint
- Joseph Meli entered general appearance
- Defendants consented entry of Final Judgment
- Court ordered Defendants to be restrained
- Joseph Meli restrained from violating Section 10(b)
- Defendants permanently restrained from violating Section 17(a)
- Securities and Exchange Commission having filed amended complaint
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT
OF NEW YORK
SECURITIES
AND EXCHANGE
COMMISSION,
Plaintiff,
v.
JOSEPH MELI,
MATT~WHARRITON,
875 HOLDINGS, LLC,
127 HOLDINGS, LLC,
ADVANCE ENTERTAINMENT, LLC, and
ADVANCE ENTERTAINMENT II, LLC,
Defendants, and
JESSICA INGBER MELI,
127 PARTNERS, LLC,
127 ICONIC HOLDINGS, LLC,
ANNA MELI,
NINETEEN TWO PRODUCTIONS, LLC,
MXCU HOLDINGS, LLC, and
MASH TRANSACTIONS, LLC,
Relief Defendants.
Civil Action No. 17-cv-632-LLS
:usDc SDNY
DOCUMENT
ELECTRONICALLY FILED
DQC #: ____ .,__.,.,.---
DATE FILED:_--{&-,;../.,__/ 1 """-fi j __ _
~ ,,,
FINAL.JUDGMENT AS TO DEFENDANTS JOSEPH MELI, 12!7 HOLDINGS, LLC,
ADVANCE ENTERTAINMENT, LLC, AND ADVANCE ENTERTAINMENT
II, LLC
AND RELIEF DEFENDANTS 127 PARTNERS, LLC, 127 ICONIC HOLDINGS, LLC,
AND NINETEEN TWO PRODUCTIONS, LLC
The Securities and Exchange Commission having filed a complaint and amended ·
complaint (together, the "Complaint") and Defendants Joseph Meli ("Meli"), 127 Holdings,
LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC ( collectively,
"Defendants") and relief defendants 127 Partners, LLC, 127 Iconic Holdings, LLC, and Nineteen
Two Productions, LLC (collectively, "Relief Defendants") having entered a general appearance;
to the Court's jurisdiction over Defendants and Relief Defendants and the subject
matter
of this action; consented to entry of this Final Judgment; waived findings of fact and
conclusions
6f law; ·and waived any rjght to appeal from this Final Judgment:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants Joseph
Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC are
each pen:panently restrained and enjoined from viola~ng, directly or indirectly, Section l 0(b)
of
the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. § 78j(b)] and Rule lOb-5
promulgated thereunder [17 C.F.R. § 240.l0b-5], by using any means or instrumentality of
interstate commerce, or of the mails, or of any facility of any national securities exchange, in
connection with the purchase or sale
of any security:
•I
(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) Defendants'
officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendants or with anyone described in (a).
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance
Entertainment II, LLC are each 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:
(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) 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 Defendant
Joseph Meli is liable for disgorgement
of $51,217,158.97, representing profits gained as a result
of the conduct alleged in the Complaint, together with prejudgment interest thereon in the
3
,,
of $4,010,899.25, for a total of $55,228,058.22. Disgorgement and prejudgment interest
are deemed satisfied
by the Order of Restitution entered against Meli on June 21, 2018 in the
related criminal case, United States v. Joseph Meli, Crim. No. 1:2017-cr-00127-KMW
(S.D.N.Y.) [ECF No. 171].
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
127 Holdings, LLC is liable for disgorgement
of $2,919,100.00, representing profits gained as a
result
of the conduct alleged in the Complaint, together with prejudgment interest thereon in the
amount
of $228,599.47, for a total of$3,147,699.47. Disgorgement and prejudgment interest are
deemed satisfied
by the Order of Restitution entered against Meli on June 21, 2018 in the related
criminal case,
United States v. Joseph Meli, Crim. No. 1 :2017-cr-00127-KMW (S.D.N.Y.) [ECF
No. 171].
v.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
Advance Entertainment, LLC is liable for disgorgement
of $33,516,604.00, representing profits
gained as a result
of the conduct alleged in the Complaint, together with prejudgment interest
thereon
in the amount of $2,624,739.92, for a total of $36,141,343.92. Disgorgement and
prejudgment interest are deemed satisfied
by the Order of Restitution entered against Meli on
June 21, 2018 in the related criminal case,
United States v. Joseph Meli, Crim. No. 1:2017-cr-
00127-KMW (S.D.N.Y.) [ECF No. 171].
VI.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
Advance Entertainment II, LLC is liable for disgorgement
of $10,117,849.21, representing
4
gained as a result of the conduct alleged in the Complaint, together with prejudgment
interest thereon in the amount
of $792,345.27, for a total of$10,910,194.48. Disgorgement and
prejudgment interest are deemed satisfied
by the Order of Restitution entered against Meli on
June 21, 2018 in the related criminal case, United States
v. Joseph Meli, Crim. No. I :2017-cr-
00127-KMW (S.D.N.Y.) [ECF No. 171].
VII.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief
Defendant 127 Partners, LLC is liable for disgorgement
of $32,000.00, representing profits
gained as a result
of the conduct alleged in the Complaint, together with prejudgment interest
thereon in the amount
of $2,505.97, for a total of$34,505.97. Disgorgement and prejudgment
interest are deemed satisfied
by the Order of Restitution entered against Meli on June 21, 2018 in
the related criminal case, United States
v. Joseph Meli, Crim. No. 1:2017-cr-00127-KMW
(S.D.N.Y.) [ECF No. 171].
VIII.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief
Defendant 127 Iconic Holdings, LLC is liable for disgorgement
of $384,000.00, representing
profits gained
as a result of the conduct alleged in the Complaint, together with prejudgment
interest thereon in the amount
of $30,071.66, for a total of $414,071.66. Disgorgement and
prejudgment interest are deemed satisfied by the Order
of Restitution entered against Meli on
June 21, 2018 in the related criminal case, United States
v. Joseph Meli, Crim. No. 1:2017-cr-
00127-KMW (S.D.N.Y.) [ECF No. 171].
5
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief
Defendant Nineteen Two Productions, LLC
is liable for disgorgement of $260,000.00,
representing profits gained as a result
of the conduct alleged in the Complaint, together with
prejudgment interest thereon in the amount
of $20,361.03, for a total of $280,361.03.
Disgorgement and prejudgment interest are deemed satisfied by the Order
of Restitution entered
against Meli on June 21, 2018 in the related criminal case, United States
v. Joseph Meli, Crim.
No. 1 :2017-cr-00127-KMW (S.D.N.Y.) [ECF No. 171].
X.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after this
Final Judgment
is filed with the Clerk of the Court, the entire balance of the account created
pursuant to the Court's Order dated June 5, 2017 (ECF No. 133) in this case shall be transferred
to:
Clerk
of Court
United States District Court for the Southern District
of New York
500 Pearl Street
New York, New York 10007
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 both pursuant to this Final Judgment and in
connection with the Order
of Restitution entered against Joseph Meli on June 21, 2018 in the
related criminal case, United States
v. Joseph Meli, Crim. No. 1:2017-cr-00127-KMW
(S.D.N.Y.) [ECF No. 171].
XI.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy
of this Final Judgment, Merrill Lynch, Pierce, Fenner & Smith, Inc.
6
and Merrill Lynch & Co. Inc. (together, "Merrill Lynch") shall transfer the entire balance of
the following Merrill Lynch account(s) which were frozen pursuant to an Order of this Court to
the Clerk
of Court, United States District Court for the Southern District of New York:
Account Owner
Acct. Ending in:
Joseph Meli
*5372
Joseph Meli *0866
Advance Entertainment, LLC
*3098
Advance Entertainment, LLC
*3491
Merrill Lynch shall transmit payment by check made payable to the Clerk of Court,
United States District Court for the Southern District
of New York, which shall be delivered to:
Clerk of Court
United States District Court for the Southern District
of New York
500 Pearl Street
New York, New York 10007
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 both pursuant to this Final Judgment and in
connection with the Order
of Restitution entered against Joseph Meli on June 21, 2018 in the
related criminal case,
United States v. Joseph Meli, 1 :2017-cr-00127-KMW (S.D.N.Y.) [ECF
No.171].
XII.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy
of this Final Judgment, J.P. Morgan Chase Bank, N.A. and J.P.
Morgan Securities, LLC
(together, "J.P. Morgan") shall transfer the entire balance of the
following
J.P. Morgan account(s) which were frozen pursuant to an Order of this Court to the
Clerk
of Court, United States District Court for the Southern District of New York:
7
Account Owner
Acct. Ending in:
Joseph G. Meli
*9419
Joseph G. Meli
*4901
Joseph G. Meli
*4902
Joseph
G. Meli
*1681
127 Holdings, LLC *7799
127 Holdings, LLC *0097
127 Partners, LLC
*0352
127 Partners, LLC
*8469
127 Iconic Holdings, LLC
*2166
J.P. Morgan
shall transmit payment by check made payable to the Clerk of Court,
United States District Court for the Southern District
of New York, which shall be delivered to:
Clerk
of Court
United States District Court for the Southern District
of New York
500 Pearl Street
New York, New York 10007
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 both pursuant to this Final Judgment and in
connection with the Order
of Restitution entered against Joseph Meli on June 21, 2018 in the
related criminal case,
United States v. Joseph Meli, 1:2017-cr-00127-KMW (S.D.N.Y.) [ECF
No. 171].
XIII.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy
of this Final Judgment, Signature Bank ("Signature Bank") shall
transfer the entire balance
of the following Signature Bank account(s) which were frozen
pursuant to an Order
of this Court to the Clerk of Court, United States District Court for the
Southern District
of New York:
8
Owner
Acct. Ending in:
Advance Entertainment II, LLC
*2528
Advance Entertainment II, LLC *5327
Advance Entertainment II, LLC
*1655
Advance Entertainment II, LLC
*5146
Signature Bank shall transmit payment by check made payable to the Clerk of Court,
United States District Court for the Southern District
of New York, which shall be delivered to:
Clerk
of Court
United States District Court for the Southern District
of New York
500 Pearl Street
New York, New York 10007
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 both pursuant to this Final Judgment and in
connection with the Order
of Restitution entered against Joseph Meli on June 21, 2018 in the
related criminal case,
United States v. Joseph Meli, 1 :2017-cr-00127-KMW (S.D.N.Y.) [ECF
No. 171].
XIV.
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 and Relief Defendants shall comply with all
of the undertakings and agreements set
forth therein.
xv.
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 Defendants and Relief Defendants, and
further, any debt for disgorgement, prejudgment interest, or other amounts due
by Defendants
9
and Relief Defendants 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 Defendants of the federal securities laws or any regulation or order issued under
such laws, as set forth in Section 523(a)(l 9) of the Bankruptcy Code, 11 U.S.C. §523(a)(l 9).
XVI.
IT
IS FURTHER ORDERED, ADJUDGED, AND DECREED that paragraphs III
'
through IX, above, reflect that as to the disgorgement ordered herein, the Final Judgment entered
by the Court has been fully satisfied as to Defendants and Relief Defendants.
XVII.
IT
IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Preliminary
Injunction Order entered
by this Court on April 26, 2017,shall cease to be in effect as of ten days
from the entry
of this Final Judgment.
XVIII.
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.
XIX.
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 A~ If, h I~
HONORABLE LOUIS L. ST ANTON
UNITED STATES DISTRICT JUDGE
10UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
JOSEPH MELI,
MATT~WHARRITON,
875 HOLDINGS, LLC,
127 HOLDINGS, LLC,
ADVANCE ENTERTAINMENT, LLC, and
ADVANCE ENTERTAINMENT II, LLC,
Defendants, and
JESSICA INGBER MELI,
127 PARTNERS, LLC,
127 ICONIC HOLDINGS, LLC,
ANNA MELI,
NINETEEN TWO PRODUCTIONS, LLC,
MXCU HOLDINGS, LLC, and
MASH TRANSACTIONS, LLC,
Relief Defendants.
Civil Action No. 17-cv-632-LLS
:usDc SDNY
DOCUMENT
ELECTRONICALLY FILED
DQC #: ____ .,__.,.,.---
DATE FILED:_--{&-,;../.,__/ 1 """-fi j __ _
~ ,,,
FINAL.JUDGMENT AS TO DEFENDANTS JOSEPH MELI, 12!7 HOLDINGS, LLC,
ADVANCE ENTERTAINMENT, LLC, AND ADVANCE ENTERTAINMENT II, LLC
AND RELIEF DEFENDANTS 127 PARTNERS, LLC, 127 ICONIC HOLDINGS, LLC,
AND NINETEEN TWO PRODUCTIONS, LLC
The Securities and Exchange Commission having filed a complaint and amended ·
complaint (together, the "Complaint") and Defendants Joseph Meli ("Meli"), 127 Holdings,
LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC ( collectively,
"Defendants") and relief defendants 127 Partners, LLC, 127 Iconic Holdings, LLC, and Nineteen
Two Productions, LLC (collectively, "Relief Defendants") having entered a general appearance;
Case 1:17-cv-00632-LLS Document 195 Filed 04/11/19 Page 1 of 10
to the Court's jurisdiction over Defendants and Relief Defendants and the subject
matter of this action; consented to entry of this Final Judgment; waived findings of fact and
conclusions 6f law; ·and waived any rjght to appeal from this Final Judgment:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants Joseph
Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance Entertainment II, LLC are
each pen:panently restrained and enjoined from viola~ng, directly or indirectly, Section l 0(b) of
the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. § 78j(b)] and Rule lOb-5
promulgated thereunder [17 C.F.R. § 240.l0b-5], by using any means or instrumentality of
interstate commerce, or of the mails, or of any facility of any national securities exchange, in
connection with the purchase or sale of any security:
•I
(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) Defendants'
officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or
participation with Defendants or with anyone described in (a).
Case 1:17-cv-00632-LLS Document 195 Filed 04/11/19 Page 2 of 10
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendants Joseph Meli, 127 Holdings, LLC, Advance Entertainment, LLC, and Advance
Entertainment II, LLC are each 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:
(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) 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 Defendant
Joseph Meli is liable for disgorgement of $51,217,158.97, representing profits gained as a result
of the conduct alleged in the Complaint, together with prejudgment interest thereon in the
3
,,
Case 1:17-cv-00632-LLS Document 195 Filed 04/11/19 Page 3 of 10
of $4,010,899.25, for a total of $55,228,058.22. Disgorgement and prejudgment interest
are deemed satisfied by the Order of Restitution entered against Meli on June 21, 2018 in the
related criminal case, United States v. Joseph Meli, Crim. No. 1:2017-cr-00127-KMW
(S.D.N.Y.) [ECF No. 171].
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
127 Holdings, LLC is liable for disgorgement of $2,919,100.00, representing profits gained as a
result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the
amount of $228,599.47, for a total of$3,147,699.47. Disgorgement and prejudgment interest are
deemed satisfied by the Order of Restitution entered against Meli on June 21, 2018 in the related
criminal case, United States v. Joseph Meli, Crim. No. 1 :2017-cr-00127-KMW (S.D.N.Y.) [ECF
No. 171].
v.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
Advance Entertainment, LLC is liable for disgorgement of $33,516,604.00, representing profits
gained as a result of the conduct alleged in the Complaint, together with prejudgment interest
thereon in the amount of $2,624,739.92, for a total of $36,141,343.92. Disgorgement and
prejudgment interest are deemed satisfied by the Order of Restitution entered against Meli on
June 21, 2018 in the related criminal case, United States v. Joseph Meli, Crim. No. 1:2017-cr-
00127-KMW (S.D.N.Y.) [ECF No. 171].
VI.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
Advance Entertainment II, LLC is liable for disgorgement of $10,117,849.21, representing
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gained as a result of the conduct alleged in the Complaint, together with prejudgment
interest thereon in the amount of $792,345.27, for a total of$10,910,194.48. Disgorgement and
prejudgment interest are deemed satisfied by the Order of Restitution entered against Meli on
June 21, 2018 in the related criminal case, United States v. Joseph Meli, Crim. No. I :2017-cr-
00127-KMW (S.D.N.Y.) [ECF No. 171].
VII.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief
Defendant 127 Partners, LLC is liable for disgorgement of $32,000.00, representing profits
gained as a result of the conduct alleged in the Complaint, together with prejudgment interest
thereon in the amount of $2,505.97, for a total of$34,505.97. Disgorgement and prejudgment
interest are deemed satisfied by the Order of Restitution entered against Meli on June 21, 2018 in
the related criminal case, United States v. Joseph Meli, Crim. No. 1:2017-cr-00127-KMW
(S.D.N.Y.) [ECF No. 171].
VIII.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief
Defendant 127 Iconic Holdings, LLC is liable for disgorgement of $384,000.00, representing
profits gained as a result of the conduct alleged in the Complaint, together with prejudgment
interest thereon in the amount of $30,071.66, for a total of $414,071.66. Disgorgement and
prejudgment interest are deemed satisfied by the Order of Restitution entered against Meli on
June 21, 2018 in the related criminal case, United States v. Joseph Meli, Crim. No. 1:2017-cr-
00127-KMW (S.D.N.Y.) [ECF No. 171].
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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief
Defendant Nineteen Two Productions, LLC is liable for disgorgement of $260,000.00,
representing profits gained as a result of the conduct alleged in the Complaint, together with
prejudgment interest thereon in the amount of $20,361.03, for a total of $280,361.03.
Disgorgement and prejudgment interest are deemed satisfied by the Order of Restitution entered
against Meli on June 21, 2018 in the related criminal case, United States v. Joseph Meli, Crim.
No. 1 :2017-cr-00127-KMW (S.D.N.Y.) [ECF No. 171].
X.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after this
Final Judgment is filed with the Clerk of the Court, the entire balance of the account created
pursuant to the Court's Order dated June 5, 2017 (ECF No. 133) in this case shall be transferred
to:
Clerk of Court
United States District Court for the Southern District of New York
500 Pearl Street
New York, New York 10007
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 both pursuant to this Final Judgment and in
connection with the Order of Restitution entered against Joseph Meli on June 21, 2018 in the
related criminal case, United States v. Joseph Meli, Crim. No. 1:2017-cr-00127-KMW
(S.D.N.Y.) [ECF No. 171].
XI.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy of this Final Judgment, Merrill Lynch, Pierce, Fenner & Smith, Inc.
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and Merrill Lynch & Co. Inc. (together, "Merrill Lynch") shall transfer the entire balance of
the following Merrill Lynch account(s) which were frozen pursuant to an Order of this Court to
the Clerk of Court, United States District Court for the Southern District of New York:
Account Owner Acct. Ending in:
Joseph Meli *5372
Joseph Meli *0866
Advance Entertainment, LLC *3098
Advance Entertainment, LLC *3491
Merrill Lynch shall transmit payment by check made payable to the Clerk of Court,
United States District Court for the Southern District of New York, which shall be delivered to:
Clerk of Court
United States District Court for the Southern District of New York
500 Pearl Street
New York, New York 10007
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 both pursuant to this Final Judgment and in
connection with the Order of Restitution entered against Joseph Meli on June 21, 2018 in the
related criminal case, United States v. Joseph Meli, 1 :2017-cr-00127-KMW (S.D.N.Y.) [ECF
No.171].
XII.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy of this Final Judgment, J.P. Morgan Chase Bank, N.A. and J.P.
Morgan Securities, LLC (together, "J.P. Morgan") shall transfer the entire balance of the
following J.P. Morgan account(s) which were frozen pursuant to an Order of this Court to the
Clerk of Court, United States District Court for the Southern District of New York:
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Account Owner Acct. Ending in:
Joseph G. Meli *9419
Joseph G. Meli *4901
Joseph G. Meli *4902
Joseph G. Meli *1681
127 Holdings, LLC *7799
127 Holdings, LLC *0097
127 Partners, LLC *0352
127 Partners, LLC *8469
127 Iconic Holdings, LLC *2166
J.P. Morgan shall transmit payment by check made payable to the Clerk of Court,
United States District Court for the Southern District of New York, which shall be delivered to:
Clerk of Court
United States District Court for the Southern District of New York
500 Pearl Street
New York, New York 10007
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 both pursuant to this Final Judgment and in
connection with the Order of Restitution entered against Joseph Meli on June 21, 2018 in the
related criminal case, United States v. Joseph Meli, 1:2017-cr-00127-KMW (S.D.N.Y.) [ECF
No. 171].
XIII.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after
being served with a copy of this Final Judgment, Signature Bank ("Signature Bank") shall
transfer the entire balance of the following Signature Bank account(s) which were frozen
pursuant to an Order of this Court to the Clerk of Court, United States District Court for the
Southern District of New York:
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Owner Acct. Ending in:
Advance Entertainment II, LLC *2528
Advance Entertainment II, LLC *5327
Advance Entertainment II, LLC *1655
Advance Entertainment II, LLC *5146
Signature Bank shall transmit payment by check made payable to the Clerk of Court,
United States District Court for the Southern District of New York, which shall be delivered to:
Clerk of Court
United States District Court for the Southern District of New York
500 Pearl Street
New York, New York 10007
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 both pursuant to this Final Judgment and in
connection with the Order of Restitution entered against Joseph Meli on June 21, 2018 in the
related criminal case, United States v. Joseph Meli, 1 :2017-cr-00127-KMW (S.D.N.Y.) [ECF
No. 171].
XIV.
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 and Relief Defendants shall comply with all of the undertakings and agreements set
forth therein.
xv.
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 Defendants and Relief Defendants, and
further, any debt for disgorgement, prejudgment interest, or other amounts due by Defendants
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and Relief Defendants 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 Defendants of the federal securities laws or any regulation or order issued under
such laws, as set forth in Section 523(a)(l 9) of the Bankruptcy Code, 11 U.S.C. §523(a)(l 9).
XVI.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that paragraphs III
' through IX, above, reflect that as to the disgorgement ordered herein, the Final Judgment entered
by the Court has been fully satisfied as to Defendants and Relief Defendants.
XVII.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Preliminary
Injunction Order entered by this Court on April 26, 2017,shall cease to be in effect as of ten days
from the entry of this Final Judgment.
XVIII.
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.
XIX.
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 A~ If, h I~
HONORABLE LOUIS L. ST ANTON
UNITED STATES DISTRICT JUDGE
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