Jail for Roger!!
Jail for Roger!!
This is my 3 month post.
Have been working with the State of New York on this criminal for awhile.
This guy needs to spend some serious time behind bars for the shit show he has left behind.
Talks a great game Roger has been playing . Runs people up and down the river.
Please take the time to familiarize yourself with Roger's current standing. Do a web search on this case. You will see the type of guy Roger really is.
Case 1:11-cv-01188-TJM-CFH Document 80 Filed 03/26/15
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK)
SECURITIES AND EXCHANGE COMMISSION, )
Plaintiff, )
v. ) Case No. 1: 11-CV-1188 (TJM/CFH)
)
STRATOCOMM CORPORATION, )
ROGER D. SHEARER, and )
CRAIG DANZIG, )
)
Defendants. )
AMENDED FINAL JUDGMENT AS TO DEFENDANTS
STRATOCOMM CORPORATION, ROGER D. SHEARER, AND CRAIG DANZIG
Pursuant to the Court's Decision and Order, filed February 19, 2014 (Doc.# 61), granting
Plaintiff Securities and Exchange Commission's ("SEC") motion for partial summary judgment
as to liability against Defendants StratoComm Corporation, Roger D. Shearer, and Craig Danzig,
and pursuant to the Court's Decision and Order, March 9, 2015 (Doc.# 76), granting in part and
denying in part Plaintiff SEC's Motion for Remedies:
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants
StratoComm Corporation, Roger D. Shearer, and Craig Danzig and Defendants' agents, servants,
employees, attorneys, and all persons in active concert or participation with them who receive
actual notice of this Final Judgment by personal service or otherwise are permanently restrained
and enjoined from violating, directly or indirectly, Section 1 O(b) of the Securities Exchange Act
of 1934 (the "Exchange Act") [15 U .S.C. § 78j(b )] and Rule 1 Ob-5 promulgated thereunder
[17 C.F.R. § 240.lOb-5], by using any means or instrumentality of interstate commerce, or of the
Case 1:11-cv-01188-TJM-CFH Document 80 Filed 03/26/15 Page 2 of 8
mails, or of any facility of any national securities exchange, in connection with the purchase or
sale of any security:
(a) to employ any device, scheme, or artifice to defraud;
(b) to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances
under which they were made, not misleading; or
(c) to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendants StratoComm Corporation and Craig Danzig and Defendants' agents, servants,
employees, attorneys, and all persons in active concert or participation with them who receive
actual notice of this Final Judgment by personal service or otherwise are permanently restrained
and enjoined from violating Section 17(a) of the Securities Act of 1933 (the "Securities Act")
[15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or instruments of
transportation or communication in interstate commerce or by use of the mails, directly or
indirectly:
(a) to employ any device, scheme, or artifice to defraud;
(b) to obtain money or property by means of any untrue statement of a material fact
or any omission of a material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not misleading;
or
(c) to engage in any transaction, practice, or course of business which operates or
would operate as a fraud or deceit upon the purchaser.
2
Case 1:11-cv-01188-TJM-CFH Document 80 Filed 03/26/15 Page 3 of 8
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendants StratoComm Corporation, Roger D. Shearer, and Craig Danzig and Defendants'
agents, servants, employees, attorneys, and all persons in active concert or participation with
them who receive actual notice of this Final Judgment by personal service or otherwise are
permanently restrained and enjoined from violating Section 5 ofthe Securities Act [15 U.S.C. §
77e] by, directly or indirectly, in the absence of any applicable exemption:
(a) Unless a registration statement is in effect as to a security, making use of any
means or instruments of transportation or communication in interstate commerce
or ofthe mails to sell such security through the use or medium of any prospectus
or otherwise;
(b) Unless a registration statement is in effect as to a security, carrying or causing to
be carried through the mails or in interstate commerce, by any means or
instruments of transportation, any such security for the purpose of sale or for
delivery after sale; or
(c) Making use ofany means or instruments of transportation or communication in
interstate commerce or of the mails to offer to sell or offer to buy through the use
or medium ofany prospectus or otherwise any security, unless a registration
statement has been filed with the Commission as to such security, or while the
registration statement is the subject of a refusal order or stop order or (prior to the
effective date of the registration statement) any public proceeding or examination
under Section 8 of the Securities Act [15 U.S.C. § 77h].
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
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Case 1:11-cv-01188-TJM-CFH Document 80 Filed 03/26/15 Page 4 of 8
Defendant Craig Danzig and Defendant's agents, servants, employees, attorneys, and all persons
in active concert or participation with them who receive actual notice ofthis Judgment by
personal service or otherwise are permanently restrained and enjoined from violating, directly or
indirectly, Section 15(a)(l) of the Securities Exchange Act of 1934 [15 U.S.C. § 78o(a)(l)], by
using the mails or any means or instrumentality of interstate commerce to effect any transactions
in, or to induce or attempt to induce the purchase or sale of, any security (other than an exempted
security or commercial paper, bankers' acceptances, or commercial bills) unless registered in
accordance with subsection (b) of Section 15 of the Exchange Act [15 U.S.C. § 78o(b)].
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to
Section 21(d)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)] and Section 20(e) of the Securities
Act [15 U.S.C. § 77t(e)], Defendant Roger D. Shearer is permanently prohibited from acting as
an officer or director of any issuer that has a class of securities registered pursuant to Section 12
ofthe Exchange Act [15 U.S.C. § 781] or that is required to file reports pursuant to Section 15(d)
of the Exchange Act [15 U.S.C. § 78o(d)).
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendants Roger D. Shearer and Craig Danzig are permanently barred from participating in an
offering of penny stock, including engaging in activities with a broker, dealer, or issuer for
purposes of issuing, trading, or inducing or attempting to induce the purchase or sale of any
penny stock. A penny stock is any equity security that has a price of less than five dollars,
except as provided in Rule 3a5 l-1 under the Exchange Act [17 C.F.R. 240.3a5 l-l).
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants
StratoComm Corporation and Roger D. Shearer are jointly and severally liable for disgorgement
of $4,086,245.00, representing profits gained as a result ofthe conduct alleged in the Complaint,
4
Case 1:11-cv-01188-TJM-CFH Document 80 Filed 03/26/15 Page 5 of 8
together with prejudgment interest thereon in the amount of $882,464.68 (for a total of
$4,968,709.68). StratoComm Corporation is further liable for a civil penalty in the amount of
$100,000.00 and Roger D. Shearer is further liable for a civil penalty in the amount of $50,000,
pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) ofthe
Exchange Act [15 U.S.C. § 78u(d)(3)].
Defendants may transmit payment electronically to the Commission, which will provide
detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly
from a bank account via Pay.gov through the SEC website at
http://www.sec.gov/about/offices/ofin.htrn. Defendants may also pay by certified check, bank
cashier's check, or United States postal money order payable to the Securities and Exchange
Commission, which shall be delivered or mailed to
Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
and shall be accompanied by a letter identifying the case title, civil action number, and name of
this Court; StratoComm Corporation or Roger D. Shearer as a defendant in this action; and
specifying that payment is made pursuant to the Decision and Order, filed March 9, 2015.
Each Defendant shall simultaneously transmit photocopies of evidence of payment and
case identifying information to the Commission's counsel in this action. By making this
payment, each Defendant relinquishes all legal and equitable right, title, and interest in such
funds and no part of the funds shall be returned to any Defendant. The Commission shall send
the funds paid pursuant to the Decision and Order, filed March 9, 2015 to the United States
Treasury.
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Case 1:11-cv-01188-TJM-CFH Document 80 Filed 03/26/15 Page 6 of 8
The Commission may enforce the Court's judgment for disgorgement and prejudgment
interest through any collection procedures authorized by law. Each Defendant shall pay post
judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall
retain jurisdiction ofthis matter for the purposes ofenforcing the terms of the Decision and
Order, filed March 9, 2015 and the subsequent Judgment.
Dated: March 26, 2015
sf C. M. Ligas, Deputy Clerk
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