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 3 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. 5 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 7
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