UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ADMINISTRATIVE PROCEEDINGS RULINGS Release No. 1141/January 3, 2014 ADMINISTRATIVE PROCEEDING File No. 3-15522 __________________________________________ In the Matter of : : ORDER LEFT BEHIND GAMES, INC. :: __________________________________________ The Securities and Exchange Commission (Commission) issued an Order Instituting Administrative Proceedings in this proceeding, pursuant to Section 12(j) of the Securities Exchange Act of 1934 (Exchange Act), on September 25, 2013.
On January 2, 2014, this Office received a copy of a letter from Troy Lyndon (Lyndon), a former officer and director of Respondent Left Behind Games, Inc. (Left Behind), and current controlling shareholder. In SEC v. Lyndon, No. 13-cv-00486 (D. Haw.), a separate civil proceeding, Lyndon consented to a judgment that, among other things, prohibits him from acting as an officer or director of an issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act or that is required to file reports pursuant to Exchange Act Section 15(d). Lyndon represents that he recently moved for a temporary stay “with regard to [his] settlement agreement” in SEC v. Lyndon, presumably regarding his officer and director bar, so that he can represent Left Behind in this proceeding. The judge in the civil proceeding denied Lyndon’s motion, in part because, as Lyndon quotes from a minute order, “Lyndon has not demonstrated that, even if the court were to stay the consent and judgment, he would be able to represent the company” in this hearing. Lyndon requests that I formalize in writing my comments during the November 5, 2013, prehearing conference in this matter, regarding Lyndon’s appearance in this proceeding.
I decline to further address the scope of Lyndon’s role in this proceeding and refer him, instead, to the November 6, 2013, scheduling order, which articulates Lyndon’s capacity to appear in this proceeding. See Left Behind Games, Inc., Admin. Proc. Rulings Release No. 1025, 2013 SEC Lexis 3477 (Nov. 6, 2013). SO ORDERED. _______________________________ Cameron Elliot Administrative Law Judge
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