DAVID O. CARTER
RICHARD HONG (admitted pro hac vice)
U.S. Securities and Exchange Commission
(AJWx)
FINAL JUDGMENT OF
DISGORGEMENT AND
PREJUDGMENT INTEREST
AGAINST RELIEF DEFENDANTS
IBALANCE LLC, MAUREEN
WILDE, and SHILLELAGH
CAPITAL CORPORATION
Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Plaintiff Securities and Exchange Commission ("Commission") filed a Motion for Summary Judgment Against All Defendants and Relief Defendants ("Motion"). The Motion came before the Court, and the Court, having considered the Motion, the Memorandum of Points and Authorities and other documents filed in support of the Motion, finds that:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Commission's Motion for Summary Judgment Against Defendants Francis E. Wilde, Steven E. Woods, Mark Gelazela, Bruce H. Haglund, Matrix Holdings LLC, BMW Majestic LLC, IDLYC Holdings Trust and IDLYC Holdings Trust LLC and Relief Defendants IBalance LLC, Maureen Wilde, and Shillelagh Capital Corporation is granted.
II.
IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED that Relief Defendant IBalance LLC ("IBalance") is liable for disgorgement of $1,000,000.00, representing illegally obtained profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $88,743.79 (for a total of $1,088,743.79). IBalance shall satisfy this obligation by paying $1,088,743.79 within 14 days after the entry of this Final Judgment by certified check, bank cashier's check, or United States postal money order payable to the Securities and Exchange Commission. The payment shall be delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, 100 F Street, NE, Stop 6042, Washington DC 20549, and shall be accompanied by a letter identifying IBalance LLC as a relief defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment. IBalance shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.
III.
IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED that Relief Defendant Maureen Wilde is liable for disgorgement of $829,500, representing illegally obtained profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $67,412.85 (for a total of $896,912.85). Maureen Wilde shall satisfy this obligation by paying $896,912.85 within 14 days after the entry of this Final Judgment by certified check, bank cashier's check, or United States postal money order payable to the Securities and Exchange Commission. The payment shall be delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, 100 F Street, NE, Stop 6042, Washington DC 20549, and shall be accompanied by a letter identifying Maureen Wilde as a relief defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment. Maureen Wilde shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.
IV.
IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED that Relief Defendant Shillelagh Capital Corporation ("Shillelagh") is liable for disgorgement of $323,500, representing illegally obtained profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $27,475.06 (for a total of $350,975.06). Shillelagh shall satisfy this obligation by paying $350,975.06 within 14 days after the entry of this Final Judgment by certified check, bank cashier's check, or United States postal money order payable to the Securities and Exchange Commission. The payment shall be delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, 100 F Street, NE, Stop 6042, Washington DC 20549, and shall be accompanied by a letter identifying Shillelagh Capital Corporation as a relief defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment. Shillelagh shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.
V.
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.
_________________
HONORABLE DAVID O. CARTER
UNITED STATES DISTRICT JUDGE