Good day. I heard from Troy today and this is what was filed.
Hi,
With the encouragement of an experienced Federal Court litigator and SEC attorney, I am still not giving up.
I’ve attached today’s civil court filing for your review. Feel free to publish it – as it is in the public record.
Kindly,
Troy
I
1 DEFENDANT: TROY LYNDON
2 1670 Makaloa St #204B380
3 Honolulu, HI 96814
4 Email: troylyndon@gmail.com
Fll!DINTHE
UNITED STAT~S DISTRICT COURT
01~,.RICT OF HAWAII
DEC 3 O 2013
at.ilo'clock and ~in. ~.
SUE BEITIA, CLERK
5 UNITED STATES DISTRICT COURT
6 DISTRICT OF HAW Al'I
7
8 SECURITIES AND EXCHANGE COMMISSION ; Case No. CV13-00486 SOM-KSC
9 Plaintiff, ; REQUEST WAIT ON MOTION FOR
10
11
; TEMPORARY STAY & NEW MOTION TO
12 TROY LYNDON AND RONALD ZAUCHA
; COMPEL PLAINTIFF PRODUCE EVIDENCE
; PROMPTLY TO A VOID IRREPERABLE
13 Defendants. ; HARM FOR WHICH THERE IS NO REMEDY
14 -------------------------------------------------------------------- ; (TIME-SENSATIVE) G 1-
15 STATEMENT OF DEFENDANT TROY LYNDON
16 I am Troy Lyndon, the former CEO of Left Behind Games, Inc. (herein "Company"), a publicly
I 7 traded company.
18 In my first pleading to the court on December 20, 2013, I requested that the court grant my
19 Motion for Temporary Stay with regard to the Consent and Judgment filed (herein "settlement
20 agreement") because I was deceived by SEC Counsel with a settlement agreement in which I would not
21 have had to admit or deny any allegations.
22 I am innocent of the charges and my intent in signing the settlement agreement was to expedite
23 the case, moving directly to financial evidence - which would prove my innocence by demonstrating that
24 I never iJlegally benefited as a result of any transactions.
25 In a procedural rule 26 phone call with SEC's counsel on December 18, 2013, SEC's counsel
26 explained that she believed the settlement agreement prevented me from proving my innocence - based
27 upon how case law reclassifies the nature of certain legitimate business expenses.
28 At the same time that the SEC filed its complaint against me and Zaucha on September 24, 2013,
SEC v Troy Lyndon and Ronald Zaucha (Case No CV13-00486 SOM-KSC) Page 1
SEC v Troy Lyndon and Ronald Zaucha (Case No CV13-00486 SOM-KSC) Page 2
it also filed an Administrative Proceeding claim against the Company. In this administrative claim, the
SEC is seeking to deregister the Company’s stock. According to SEC rules, the acting judge, Honorable
Judge Cameron Elliot, must make a decision within 120 days – which is January 22, 2014.
As presented in my second pleading, the SEC implied more legal action against me if I was to
represent the company in such administrative proceeding.
However, in accordance with the rules governing the administrative proceeding, any response by
me on behalf of the Company should have been received by December 22, 2013.
According to Honorable Judge Cameron Elliot, in more than 20 years he has never seen an
administrative proceeding go to trial, but he acknowledged that he was prepared to move forward based
upon evidences I provided to him, if I could represent the Company.
In an Order issued by the administrative proceeding judge on November 21, 2013, attached hereto
as Exhibit “L”, Mr. Elliot clarifies many things, including the fact that he does not have the authority to
bar the SEC from further legal action against me personally as a result of my representation.
As a result of this civil complaint which is the matter before this court, combined with the SEC’s
subsequent threat (which caused me to be unable to represent the Company in the administrative
proceeding), the administrative judge may decide at any moment between now and January 22nd to grant
the SEC’s request and deregister the Company’s stock, which would result in the loss of my entire life’s
investment and the multi-million dollar investments of more than 4,000 investors.
Such consequences caused by SEC would result in permanent damages for which there is no
remedy at law because of SEC’s broad immunity.
I entered into the original settlement agreement with the SEC promptly, with the intent to respond
to SEC’s financial evidences in a manner timely enough to impact the administrative proceeding.
However, SEC’s counsel has been stalling and is attempting to prevent that from happening. After
numerous requests, SEC’s counsel Ms. Matteson responded on December 20, 2013 as follows:
“With regard to your request for bank documents, as the parties agreed at our Rule 26(f)
conference on December 18, initial disclosures by the parties will be made on January 31, 2014;
we will not produce documents to you until those disclosures are made. As I explained to you, the
production is prepared by our home office, the bank documents are voluminous, and we are not
SEC v Troy Lyndon and Ronald Zaucha (Case No CV13-00486 SOM-KSC) Page 3
able to produce the documents to you immediately.”
Although I have requested that the court place a temporary stay on the signed Consent and Judgment,
I pray also:
1) That the court compel SEC to produce such financial documentary evidence within 5 days (the
SEC must have had it prepared for an internal review before filing its case); and
2) That the court wait until my response to such financial documentary evidence provided by SEC
before making a decision with regard to my Motion for Temporary Stay; and
3) In view of Exhibits A-K previously submitted, that the court compel SEC to, within 5 days,
produce case law or evidences contrary to the following obvious truths:
a. Actions taken as a result of financial and legal professionals are not fraud; and
b. Financial benefits resulting from unpredictable market trends is not legitimate evidence.
4) That in the event SEC fails to provide the financial documentary evidence as requested in #1
above, or in the event SEC fails to provide compelling evidence contrary to the facts presented in
Exhibits A-K as described in #3 above, and do so in a timely manner, that the court place a
permanent stay on the Consent and Judgment order and dismiss this case with prejudice.
These statements have been made under penalty of perjury to the best of my knowledge.
/s/Troy Lyndon / Defendant December 30, 2013
EXHIBIT “L”
{ see next page – the remainder of this page left intentionally blank }
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
ADMINISTRATIVE PROCEEDINGS RULINGS
Release No. 1059/November 21, 2013
ADMINISTRATIVE PROCEEDING
File No. 3-15522
__________________________________________
In the Matter of :
: ORDER DENYING
LEFT BEHIND GAMES, INC. : OMNIBUS MOTION
:
__________________________________________
The Securities and Exchange Commission (Commission) issued an Order Instituting
Administrative Proceedings (OIP) in this proceeding, pursuant to Section 12(j) of the Securities
Exchange Act of 1934, on September 25, 2013.
A schedule was set for motions for summary disposition at a November 5, 2013, prehearing
conference, with motions due by November 22, 2013. On November 20, 2013, this Office received
an email attaching an untitled motion by Troy Lyndon (Lyndon).1 The email asked this Office to
assist Lyndon in filing the attached motion with the Office of the Secretary. The motion does not
directly address the allegations of the OIP and, therefore, is not construed as a motion for summary
disposition. Instead, it is construed as an omnibus motion seeking various forms of relief (Omnibus
Motion). For the following reasons, each of the nine requests is DENIED, and the Division need
not respond to the Omnibus Motion.
Request No. 1: “Order that SEC be barred from any further actions against [Lyndon]
personally with regard to [Lyndon’s] representation of the company in this administrative
proceeding.”
Request No. 1 is DENIED. I lack authority to grant such relief.
Request No. 2: “Order SEC to promptly close its investigation, which so long as it is open,
FINRA continues to use as the primary reason to deny any corporate action.”
Request No. 2 is DENIED. I lack authority to grant such relief.
1 Lyndon was granted leave to appear on behalf of Left Behind Games, Inc., solely in his capacity
as controlling shareholder during the November 5, 2013, prehearing conference. See Left Behind
Games, Inc., Admin. Proc. Rulings Release No. 1025 (Nov. 6, 2013).
2
Request No. 3: “Order SEC and FINRA to produce documents pertaining to Left Behind
Games, including but not limited to its officers, directors, shareholders, auditors and attorneys . . .
[.]”
Request No. 3 is DENIED WITHOUT PREJUDICE. The proper avenue for seeking
documents is through a subpoena, which must be drafted and submitted by Lyndon in accordance
with Rule 232 of the Commission’s Rules of Practice. See 17 C.F.R. § 201.232. All subpoena
requests must be served on counsel for the Division of Enforcement and filed with the Secretary’s
Office. See 17 C.F.R. §§ 201.150, .151, .152, .232(a), (c).
Request No. 4: “Order PCAOB and SEC produce documents pertaining to Left Behind
Games, including but not limited to its officers, directors, shareholders, auditors and attorneys . . .
[.]”
Request No. 4 is DENIED WITHOUT PREJUDICE for the same reason as Request No. 3.
Request No. 5: “Order DTCC to produce . . . documents pertaining to Left Behind Games,
including but not limited to its officers, directors, shareholders, auditors and attorneys . . . [.]”
Request No. 5 is DENIED WITHOUT PREJUDICE for the same reason as Request No. 3.
Request No. 6: “Order Elik Topolosky (FINRA), Luccee Kirka (SEC) and Mark Blau
(SEC) be required to appear and give testimony at this pending trial.”
Request No. 6 is DENIED WITHOUT PREJUDICE. There is no hearing scheduled in this
proceeding. I will schedule a hearing if, after considering motions for summary disposition, a
genuine dispute of material fact exists that warrants a hearing.
Request No. 7: “Order SEC to pay for the company to hire an attorney, based upon the
same hourly rate itself [sic] pays outside counsel, to more adequately represent the company in this
or in any related proceeding.”
Request No. 7 is DENIED. I lack authority to grant such relief.
Request No. 8: “Order SEC to pay for the company to re-hire Malone Bailey, or another
licensed auditor, to bring the company’s filings current.”
Request No. 8 is DENIED. I lack authority to grant such relief.
Request No. 9: “Order SEC to pay the company compensatory damages as the judge shall
determine.”
Request No. 9 is DENIED. I lack authority to grant such relief.
3
The parties are reminded that motion papers must be filed in hardcopy with the Office of the
Secretary in accordance with Rules 151 and 152 of the Commission’s Rules of Practice, which can
be accessed at http://www.sec.gov/about/rulesofpractice.shtml. See 17 C.F.R. §§ 201.151, .152.
The mailing address for filings is Office of the Secretary, U.S. Securities and Exchange
Commission, 100 F Street N.E., Mail Stop 1090, Washington, D.C. 20549. Filings made with the
Office of the Secretary must include an original and three copies. This Office will submit Lyndon’s
Omnibus Motion to the Office of the Secretary to be filed, however, any further papers submitted to
this Office, but not to the Office of the Secretary, will be rejected.
SO ORDERED.
_______________________________
Cameron Elliot
Administrative Law Judge
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