12/18/2015 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 01-cv-9056. Document filed by Securities and Exchange Commission.(Hanson, James) (Entered: 12/18/2015)
The Court entered a final default judgment against Durante ordering him to pay disgorgement and prejudgment interest of $39 million. The Court subsequently held Durante in civil contempt for failing to pay the ordered disgorgement. This judgment remains outstanding.
Explain in detail the reasons for your position that the newly filed case is related to the earlier filed case.
Durante's fraudulent conduct as alleged in the newly filed case is substantially similar to his prior illegal conduct at issue in the earlier filed case. Among other things, the bank accounts Durante used to evade the SEC's collections effort are in many instances the same bank accounts that he used to misappropriate investor funds in the new action.