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S.E.C. v. CALLAHAN

No. 12-CV-1065 (ADS)(AKT).

2 F.Supp.3d 427 (2014)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Brian Raymond CALLAHAN, Adam Manson, Distinctive Investments LLC, and Distinctive Ventures LLC, Defendants. Sheri Manson Callahan, Relief Defendant.

United States District Court, E.D. New York.

Signed March 5, 2014.

Attorney(s) appearing for the Case

Gottesman, Wolgel, Secunda, Malamy & Flynn, P.C., by: Steven Weinberg, Esq. , Stewart W. Lee, Esq. , Richard B. Demas, Esq. , of Counsel, New York, NY, for the Receiver Steven Weinberg.

United States Securities and Exchange Commission, by: Dean M. Conway , Assistant Chief Litigation Counsel, Washington, DC, for the Plaintiff.

Park & Jensen LLP, by: Robert Knuts, Esq. , of Counsel, New York, NY, for the Defendant Brian Raymond Callahan.

Herskovits PLLC, by: Robert L. Herskovits, Esq. , of Counsel, New York, NY, for the Defendant Brian Raymond Callahan.

Law Offices of Andrew J. Frisch, by: Andrew J. Frisch, Esq. , of Counsel, New York, NY, for the Defendants Adam Judd Manson, Distinctive Investments LLC and Distinctive Ventures LLC.

Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, by: Robert J. Anello, Esq. , Gates Salyers Hurand, Esq. , Judith L. Mogul, Esq. , of Counsel, New York, NY, for the Defendant Adam Judd Manson, Distinctive Investments LLC and Distinctive Ventures LLC.

Sher Tremonte LLP, by: Michael Tremonte, Esq. , of Counsel, New York, NY, for the Relief Defendant Sheri Manson Callahan.

Brian Spears LLC, by: Brian Edward Spears, Esq. , of Counsel, Southport, CT, for Interested Party Brian F. Callahan.

United States Attorney's Office, by: David C. Woll, Jr. , Assistant United States Attorney, Brooklyn, NY, for Intervenor United States Attorney for the Eastern District of New York 271 Cadman Plaza East.

LeClair Ryan, PC, by: Michael Terrance Conway, Esq. , of Counsel, New York, NY, for Intervenor RBS Citizens, National Association.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this securities fraud action, the Plaintiff United States Securities Exchange Commission (the "SEC") alleges that in violation of § 17(a)(1), (2) and (3) of the Securities Act, § 10(b) of the Exchange Act and §§ 206(1), (2) and (4) of the Advisers Act, the Defendants Brian Raymond Callahan ("Callahan"), Adam Judd Manson ("Manson"), Distinctive Investments, LLC ("Distinctive Investments...

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