PDX Partners Inc (PDXP)

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FINAL JUDGMENT AGAINST ROBERT FOWLER AND US CAPITAL FUNDING II SERIES TRUST 1, INC.

The Clerk of the Court having entered a default against Defendants Robert Fowler (“Fowler”) and US Capital Funding II Series Trust 1, Inc., (“US Capital”) (collectively, “Defendants”); the Securities and Exchange Commission (the “Commission”) having filed a Motion for Entry of Default Judgment against Defendant, with attached Exhibit, and a supporting memorandum of law; and for good cause shown:
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IV.

IT IS FURTHER ORDERED that Fowler and US Capital are jointly and severably liable for disgorgement of $350,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $12,151.66, for a total of $362,151.66, and a civil penalty in the amount of $150,000.00 pursuant to Section 20(d) of the Securities Act and Section 21(d)(3) of the Exchange Act. Defendants shall satisfy this obligation by paying the total, $512,151.66, to the Securities and Exchange Commission within 14 days after entry of this Final Judgment.

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/ofm.htm. 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; Robert Fowler and US Capital Funding II Series Trust 1, Inc., as Defendants in this action; and specifying that payment is made pursuant to this Final Judgment.

Defendants shall simultaneously transmit photocopies of evidence of payment and case identifying information to the Commission’s counsel in this action. By making this payment, Defendants relinquish all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Defendants.

The Commission shall hold the funds (collectively, the “Fund”) and may propose a plan to distribute the Fund subject to the Court’s approval. The Court shall retain jurisdiction over the administration of any distribution of the Fund. If the Commission staff determines that the Fund will not be distributed, the Commission shall send the funds paid pursuant to this Final Judgment to the United States Treasury.

The Commission may enforce the Court’s judgment for disgorgement and prejudgment interest by moving for civil contempt (and/or through other collection procedures authorized by law) at any time after 14 days following entry of this Final Judgment. Defendant shall pay post judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.

V.

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.
Dated: July 31, 2014.
s/Steve C. Jones
HONORABLE STEVE C. JONES UNITED STATES DISTRICT JUDGE
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Extract -
07/31/2014 15 FINAL JUDGMENT
https://www.courtlistener.com/recap/gov.uscourts.gand.194497/gov.uscourts.gand.194497.15.0.pdf