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Securities and Exchange Commission v. Irizarry

United States District Court, M.D. Florida, Tampa Division

July 17, 2019

SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
v.
CHARLES IRIZARRY, Defendant.

          ORDER

          JAMB S.MOODY, JR. UNITED STATES DISTRICT JUDGE

         THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Anthony E. Porcelli (Dkt. 6). The Court notes that neither party filed written objections to the Report and Recommendation and the time for filing such objections has elapsed.

         After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.

         ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:

         1. The Report and Recommendation (Dkt. 6) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.

         2. The Commission's application (Dkt. 1) is GRANTED.

         3. Pursuant to Section 20(c) of the Securities Act and Section 21(e) of the Exchange Act, Irizarry is directed to comply with the Commission Order by paying disgorgement in the amount of $6, 000; prejudgment interest in the amount of $337.85; and a civil penalty of $12, 000 together with additional post-order interest pursuant to 17 C.F.R. § 201.600 and 31 U.S.C. § 3717, accruing from the date of the Commission Order to the entry of final judgment in this action.

         4. Within fourteen days of entry of final judgment in this action, Irizarry is directed to pay the above amounts to the Commission. Payment may be made electronically to the Commission, which should be directed to provide detailed ACH transfer/Fedwire instructions upon request made to Disgorgement-Penalty@sec.gov and/or (202) 551-7940. Payment may also be made directly from a bank account via Pay.gov through the SEC website at https://www.sec.gov/paymentoptions. Irizarry may also pay by certified check, bank cashier's check, or United States postal money order, made payable to the Securities and Exchange Commission and 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 the final judgment entered in this action. The funds may also be hand-delivered or mailed to:

Enterprise Services Center
Accounts Receivable Branch HQ Bldg.,
Room 181, AMZ-341
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
Payments must be accompanied by a cover letter identifying Irizarry as the defendant in this action, the name of this Court, and the docket number of this action. A copy of the cover letter and ...

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