Securities & Exchange Commission v. Uboh et al

New York Eastern District Court
Judge:	Kiyo A Matsumoto
Referred:	Cheryl L Pollak
Case #:	1:21-cv-02049
Nature of Suit	850 Other Statutes - Securities/Commodities/Exchange
Cause	12:22 Securities Fraud

Case Filed:	Apr 15, 2021
Terminated:	Feb 22, 2023

Last checked: Tuesday Oct 12, 2021 4:18 AM EDT

Defendant Ubong Uboh
Intervenor United States United States Attorney's Office Eastern District of New York 271 Cadman Plaza East Brooklyn, NY 11201	Represented By Andrew Estes U.S. Department Of Justice contact info
Plaintiff Securities & Exchange Commission 2023165845 200 Vesey Street Suite 400 New York, NY 10281	Represented By Alexander M. Vasilescu United States Securities And Exchange Commission contact info Richard R. Best U.A. Securities And Exchange Commission contact info Rhonda L. Jung Securities And Exchange Commission contact info
TERMINATED PARTIES
Defendant Tyler Crockett Terminated: 07/01/2021

GPO Jun 04 2024
MEMORANDUM AND ORDER denying 24 Motion to Dismiss re: SEC's Final Judgment with Prejudice. For the foregoing reasons, the Court respectfully denies Mr. Uboh's motion. The Securities and Exchange Commission ("SEC") shall serve Mr. Uboh with a copy of this Memorandum and Order at his current prison address and note service on the docket by June 5, 2024. The parties shall appear by phone for a conference to discuss the briefing schedule for the SEC's motion for outstanding financial remedies on July 11, 2024, at 11:00 a.m. by calling 571-353-2301 and entering access code 658231781. The SEC shall file a letter of no more than three pages setting forth the basis for its motion and serve Mr. Uboh a copy of the letter by June 17, 2024, noting service on the docket. Mr. Uboh shall file a response of no more than three pages to the SEC's letter by July 5, 2024. The SEC is ordered to provide Mr. Uboh a copy of this order and to arrange with Mr. Uboh's facility to ensure Mr. Uboh participates in the conference call on July 11, 2024. The Clerk of Court is respectfully requested to amend the caption to reflect Mr. Uboh's known aliases: Nedi Shupo, Frank Goldman, Jonathan Goldman, and Nino. Ordered by Judge Kiyo A. Matsumoto on 6/4/2024. (DR)

Docket last updated: 09/05/2025 11:59 PM EDT

Friday, August 30, 2024
38		38 order Order(Other) Fri 08/30 9:38 AM ORDER: The Court SO ORDERS the attached final judgment and its terms. Ordered by Judge Kiyo A. Matsumoto on 8/30/2024. (DR) Related: [-]
Wednesday, August 28, 2024
37		37 notice Notice(Other) Thu 08/29 3:59 PM Proposed Final Judgment signed by Ubong Uboh. (JT) Related: [-]
Thursday, August 01, 2024
36		36 misc Letter Thu 08/01 9:09 AM Letter Pursuant to July 31, 2024 conference by Securities & Exchange Commission (Vasilescu, Alexander) Related: [-]
		Att: 1 Proposed Judgment
Wednesday, July 31, 2024
		minutes Evidentiary Hearing Wed 07/31 2:35 PM Minute Entry and Order for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 7/31/2024. Appearances: Alexander M. Vasilescu, Esq., Rhonda L. Jung, Esq., and Sandeep Satwalekar, Esq., for the SEC; Ubong Uboh appearing pro se . The Court held a pre-motion conference regarding the Securities and Exchange Commission (SEC)'s anticipated motion for outstanding financial remedies. The Court and the SEC explained to Mr. Uboh that the SEC did not seek additional financial remedies and instead sought to deem disgorgement and prejudgment interest in the instant case satisfied by payment of the restitution ordered in Mr. Uboh's parallel criminal action, United States v. Ubong Uboh , 21-cr-00146 (KAM). Following the explanation by the Court and the SEC, Mr. Uboh agreed on the record to consent to entry of a final judgment that would deem disgorgement and prejudgment interest in the instant civil case to be satisfied by payment of the restitution ordered in Mr. Uboh's criminal judgment. The Court further explained, and Mr. Uboh stated his understanding on the record, that the bar from participating in offerings of penny stock, and other terms, to which Mr. Uboh consented in the Consent Judgment at ECF No. 23 remain in place. Mr. Uboh clarified that he did not challenge his signature on the Consent Judgment and Settlement Agreement. Accordingly, as discussed on the record, no later than August 1, 2024 , the SEC is ordered to serve Mr. Uboh a proposed final judgment stating (a) the calculated amount of disgorgement and prejudgment interest and (b) that such disgorgement and prejudgment interest will be deemed satisfied by payment of the restitution ordered in Mr. Uboh's criminal restitution judgment. Although he did not raise any objections on the record, if Mr. Uboh has objections to the proposed final judgment, he shall file his objections with the court by August 23, 2024 . If Mr. Uboh files no objection by August 23, 2024, the Court shall so-order the anticipated proposed final judgment. Further, Mr. Uboh stated on the record that he withdraws his renewed motion requesting relief from judgment pursuant to Fed. R. Civ. P. 60(b), filed at ECF No. 35 . The SEC is respectfully directed to serve Mr. Uboh a copy of this order along with the anticipated proposed final judgment and to file proof of service on the docket by August 1, 2024 . (Court Reporter Sophie Nolan.) (DR) Related: [-]
		order Order on Motion for Leave to File Wed 07/31 3:32 PM ORDER withdrawing35 Motion for Leave to File Motion Requesting Relief from Judgment Pursuant to Fed.R.Civ.P.60(b). Ordered by Judge Kiyo A. Matsumoto on 7/31/2024. (SWJ) Related: [-]
Monday, July 29, 2024
35		35 motion Leave to File Document Tue 07/30 11:30 AM MOTION for Leave to File Document Motion Requesting Relief from Judgment Pursuant to Fed.R.Civ.P.60(b) by Ubong Uboh. (JT) Related: [-]
Wednesday, July 03, 2024
34		34 notice Notice of Appearance Wed 07/03 12:44 PM NOTICE of Appearance by Paul G Gizzi on behalf of Securities & Exchange Commission (aty to be noticed) (Gizzi, Paul) Related: [-]
Tuesday, July 02, 2024
33		33 misc Declaration Tue 07/02 5:51 PM DECLARATION of Service by Securities & Exchange Commission (Jung, Rhonda) Related: [-]
		Att: 1 Exhibit
Monday, July 01, 2024
		order Order(Other) Mon 07/01 9:55 AM ORDER: Due to a conflict in the Court's calendar, the July 11, 2024 conference is rescheduled to July 31, 2024 , at 11:00 a.m. The Securities and Exchange Commission is ordered to provide Mr. Uboh a copy of this order and to arrange with Mr. Uboh's facility to ensure Mr. Uboh participates in the conference call on July 31, 2024. Ordered by Judge Kiyo A. Matsumoto on 7/1/2024. (DR) Related: [-]
Wednesday, June 19, 2024
32		32 service Affidavit of Service Wed 06/19 8:59 AM AFFIDAVIT of Service for Letter dated June 17, 2024 Docket 31 served on Defendant Ubong Uboh on June 17, 2024, filed by Securities & Exchange Commission. (Vasilescu, Alexander) Related: [-]
Tuesday, June 18, 2024
		order Order(Other) Tue 06/18 6:14 PM ORDER: The Securities and Exchange Commission is directed to confirm it has served Mr. Uboh a copy of its31 Letter and shall file a Declaration of Service on this docket by June 20, 2024 . Ordered by Judge Kiyo A. Matsumoto on 6/18/2024. (DR) Related: [-]
Monday, June 17, 2024
31		31 misc Letter Mon 06/17 3:16 PM Letter Addressing Defendant Uboh reply letter and Motion for monetary relief by Securities & Exchange Commission (Vasilescu, Alexander) Related: [-]
Friday, June 07, 2024
30		30 service Affidavit of Service Fri 06/07 2:24 PM AFFIDAVIT of Service for Order in Docket served on Defendant Ubong Uboh on June 7, 2024, filed by Securities & Exchange Commission. (Vasilescu, Alexander) Related: [-]
Thursday, June 06, 2024
		order Order(Other) Thu 06/06 4:32 PM ORDER: The Court is in receipt of Mr. Uboh's29 unauthorized submission. The Securities and Exchange Commission ("SEC") is directed to respond to Mr. Uboh's29 submission by June 17, 2024 . No further submissions are authorized. The SEC is directed to serve Mr. Uboh a copy of this order and to file a Declaration of Service on this docket. The SEC is further directed to serve Mr. Uboh a copy of its response when filed and to file a Declaration of Service on this docket. Ordered by Judge Kiyo A. Matsumoto on 6/6/2024. (DR) Related: [-]
Wednesday, June 05, 2024
29		29 respoth Reply in Opposition Thu 06/06 2:51 PM REPLY in Opposition re26 Memorandum in Opposition filed by Ubong Uboh. (JT) Modified on 6/6/2024 (JT) Related: [-]
28		28 service Certificate of Service Wed 06/05 12:50 PM CERTIFICATE OF SERVICE by Securities & Exchange Commission re27 Order on Motion to Dismiss,,,,, (Vasilescu, Alexander) Related: [-]
Tuesday, June 04, 2024
27		27 21 pgs order Order on Motion to Dismiss Tue 06/04 1:16 PM MEMORANDUM AND ORDER denying24 Motion to Dismiss re: SEC's Final Judgment with Prejudice. For the foregoing reasons, the Court respectfully denies Mr. Uboh's motion. The Securities and Exchange Commission ("SEC") shall serve Mr. Uboh with a copy of this Memorandum and Order at his current prison address and note service on the docket by June 5, 2024 . The parties shall appear by phone for a conference to discuss the briefing schedule for the SEC's motion for outstanding financial remedies on July 11, 2024, at 11:00 a.m. by calling 571-353-2301 and entering access code 658231781. The SEC shall file a letter of no more than three pages setting forth the basis for its motion and serve Mr. Uboh a copy of the letter by June 17, 2024 , noting service on the docket. Mr. Uboh shall file a response of no more than three pages to the SEC's letter by July 5, 2024 . The SEC is ordered to provide Mr. Uboh a copy of this order and to arrange with Mr. Uboh's facility to ensure Mr. Uboh participates in the conference call on July 11, 2024. The Clerk of Court is respectfully requested to amend the caption to reflect Mr. Uboh's known aliases: Nedi Shupo, Frank Goldman, Jonathan Goldman, and Nino. Ordered by Judge Kiyo A. Matsumoto on 6/4/2024. (DR) Related: [-]
Wednesday, March 13, 2024
26		26 17 pgs respoth Memorandum in Opposition Wed 03/13 2:40 PM MEMORANDUM in Opposition re24 MOTION to Dismiss re: SEC's Final Judgment with Prejudice filed by Securities & Exchange Commission. (Vasilescu, Alexander) Related: [-]
		Att: 1 Certificate of Service on Defendant Uboh
Wednesday, February 14, 2024
		order Order(Other) Wed 02/14 4:14 PM ORDER. Plaintiff Securities & Exchange Commission (the "SEC") is respectfully requested to respond to Defendant Uboh's24 submission by or before March 13, 2024. Ordered by Judge Kiyo A. Matsumoto on 2/14/2024. (HM) Related: [-]
Friday, February 02, 2024
25		25 misc Letter Fri 02/02 2:18 PM Letter Request to Respond to Defendant's Motion to Dismiss by Securities & Exchange Commission (Jung, Rhonda) Related: [-]
Thursday, January 25, 2024
24		24 motion Dismiss Fri 01/26 5:26 PM MOTION to Dismiss re: SEC's Final Judgment with Prejudice by Ubong Uboh. (JT) Related: [-]
Wednesday, February 22, 2023
23		23 5 pgs order Judgment - Consent Wed 02/22 11:20 AM CONSENT JUDGMENT. The Court SO ORDERS the attached consent judgment and its terms. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Consent Judgment. The Clerk of Court is respectfully directed to close this case. Ordered by Judge Kiyo A. Matsumoto on 2/22/2023. (LW) Related: [-]
		order ~Util - Terminate Civil Case Thu 02/23 5:22 PM Civil Case Terminated pursuant to Judge Matsumoto's Consent Judgment dated 2/22/2023. (JT) Related: [-]
Friday, January 06, 2023
22		22 misc Settlement Agreement Fri 01/06 1:56 PM SETTLEMENT AGREEMENT Proposed Settlement Agreement by Securities & Exchange Commission (Jung, Rhonda) Related: [-]
		Att: 1 Executed Offer,
		Att: 2 Proposed Judgment
Thursday, September 23, 2021
21		21 misc Letter Thu 09/23 4:41 PM Letter re service of September 22, 2021 order by United States (Estes, Andrew) Related: [-]
Wednesday, September 22, 2021
		order Order on Motion to Intervene Order on Motion to Stay Wed 09/22 10:41 AM ORDER granting19 Motion to Intervene; granting19 Motion to Stay. Upon consideration of the Government's Notice of Motion to Intervene and to Stay Civil Proceedings in the above-captioned case submitted pursuant to Rule 24 of the Federal Rules of Civil Procedure, and the Government's Memorandum of Law in Support of its Motion to Intervene and to Stay Civil Proceedings, IT IS HEREBY ORDERED that, pending resolution of the criminal matter captioned United States v. Ubong Uboh , 21-CR-146 (KAM), by verdict, pretrial disposition, or until otherwise allowed by the Court, the Civil Case proceedings are stayed and the Securities and Exchange Commission and Ubong Uboh and Tyler Crockett will not seek discovery in the Civil Case from one another or from third parties. The defendants do not oppose the entry of the order to stay the Civil Case, and the SEC takes no position on the entry of the order. Within two weeks of the conclusion of the criminal proceeding, the parties shall jointly provide a status update regarding the instant civil action to this court. The government is respectfully directed to serve this Order on all parties and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 9/22/2021. (Urquiola, Rebecca) Related: [-]
Tuesday, September 21, 2021
20		20 misc Status Report Tue 09/21 8:24 PM STATUS REPORT by Securities & Exchange Commission (Jung, Rhonda) Related: [-]
Monday, September 20, 2021
19		19 motion Intervene Stay Mon 09/20 8:59 PM MOTION to Intervene , MOTION to Stay by United States. (Estes, Andrew) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Proposed Order
Thursday, August 26, 2021
18		18 notice Notice of Appearance Thu 08/26 3:59 PM NOTICE of Appearance by Rhonda L. Jung on behalf of Securities & Exchange Commission (aty to be noticed) (Jung, Rhonda) Related: [-]
Tuesday, August 24, 2021
		order Status Report Order Tue 08/24 1:54 PM STATUS REPORT ORDER re17 The parties are directed to provide a status letter to this Court within thirty (30) days of the date of this Order. Status Report due by 9/24/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/24/2021. (Caggiano, Diana) Related: [-]
Friday, July 23, 2021
17		17 service Summons Returned Executed Fri 07/23 3:37 PM SUMMONS Returned Executed by Securities & Exchange Commission. Ubong Uboh served on 7/22/2021, answer due 8/12/2021. (Vasilescu, Alexander) Related: [-]
		Att: 1 Exhibit Exhibit A Court order,
		Att: 2 Exhibit Exhibit B email from Chambers,
		Att: 3 Exhibit Exhibit C email to marshals,
		Att: 4 Exhibit Exhibit D email from marshals confirming service
Wednesday, July 21, 2021
16		16 4 pgs order Order on Motion for Service by Publication Wed 07/21 5:28 PM ORDER granting14 . As stated more fully herein, Plaintiff's time to serve is extended until August 16, 2021 . Additionally, plaintiff's motion is granted insofar as it requests an order that service be made by a U.S. Marshal or Deputy Marshal. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/21/2021. (Bayer, Sarah) Related: [-]
Monday, July 12, 2021
14		14 motion Service by Publication Mon 07/12 2:37 PM MOTION for Service by Publication alternative means and extension of time to serve by Securities & Exchange Commission. (Vasilescu, Alexander) Related: [-]
Wednesday, July 07, 2021
13		13 service Summons Issued Wed 07/07 4:00 PM Summons Issued as to Ubong Uboh. (Bowens, Priscilla) Related: [-]
12		12 misc Proposed Summons/Civil Cover Sheet Wed 07/07 3:53 PM Proposed Summons. Re1 Complaint by Securities & Exchange Commission (Vasilescu, Alexander) Related: [-]
Thursday, July 01, 2021
11		11 4 pgs order Order on Motion to Approve Consent Judgment Order on Motion for Judgment Based on Settlement Thu 07/01 5:57 PM ORDER granting10 Motion for Judgment Based on Settlement. The court grants10 motion for judgment by Securities & Exchange Commission ("SEC"). The court approves the attached judgment proposed by the SEC at [10-1] and, at the request of the SEC, incorporates the attached executed consent [10-2] of defendant Crockett. The court shall retain jurisdiction of this matter for the purposes of enforcing the terms of the judgment. The Clerk of Court is respectfully directed to terminate defendant Crockett as a defendant in the present action. Ordered by Judge Kiyo A. Matsumoto on 7/1/2021. (Rodriguez Armenta, Elena) Related: [-]
		Att: 1 consent of Defendant Crockett
Wednesday, June 30, 2021
10		10 motion Judgment Based on Settlement Wed 06/30 7:45 PM MOTION for Judgment Based on Settlement with Defendant Crockett by Securities & Exchange Commission. (Vasilescu, Alexander) Related: [-]
		Att: 1 consent of Defendant Crockett,
		Att: 2 Proposed Judgment proposed partial judgment for Defendant Crockett
Tuesday, May 11, 2021
9		9 misc Letter Tue 05/11 2:03 PM Letter addressing May 10 docket order by Securities & Exchange Commission (Vasilescu, Alexander) Related: [-]
Monday, May 10, 2021
		order Order(Other) Mon 05/10 12:47 PM ORDER: The SEC is Ordered to advise the Court whether Tyler Crockett has pleaded guilty in the criminal case referenced at paragraph 1 of the "Consent of Defendant Tyler Crockett" (ECF 8-1). If he has pleaded guilty, the SEC shall inform the court of the information missing from paragraph 1 of the "Consent of Defendant Tyler Crockett". Ordered by Judge Kiyo A. Matsumoto on 5/10/2021. (Williams-Jackson, Sandra) Related: [-]
		order Order on Motion to Approve Consent Judgment Mon 05/10 4:48 PM ORDER deferring ruling on8 Motion to Approve Consent Judgment (doc. 8-1). The court VACATES its earlier order entered today, 5/10/21, ordering that Plaintiff provide information regarding the criminal action referred to in paragraph 2 of the "Consent of Defendant Tyler Crockett" (doc 8-1 at page 5), which was attached to Plaintiff's Motion to Approve Consent Judgment. The criminal case referred to in paragraph 2 (doc. 8-1 at page 5) appears to be UNDER SEAL, and it appears that plaintiff may have revealed sealed information from that criminal case. Consequently, the court ORDERS that pages 5 through 11 of document 8-1 be sealed, and that plaintiff explain no later than May 11, 2021, its views as to whether the content of paragraph 2 was disclosed in violation of the court's sealing order in the criminal action.Ordered by Judge Kiyo A. Matsumoto on 5/10/2021. (Matsumoto, Kiyo) Related: [-]
Friday, May 07, 2021
8		8 motion Approve Consent Judgment Fri 05/07 3:59 PM Letter MOTION to Approve Consent Judgment by Securities & Exchange Commission. (Vasilescu, Alexander) Related: [-]
		Att: 1 Proposed Judgment
Thursday, April 22, 2021
		order Order Reassigning Case Thu 04/22 12:51 PM ORDER REASSIGNING CASE. Case reassigned to Judge Kiyo A. Matsumoto and Chief Magistrate Cheryl L. Pollak for all further proceedings. Judge Diane Gujarati, Magistrate Judge Vera M. Scanlon no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 4/22/2021. (Bowens, Priscilla) Related: [-]
Tuesday, April 20, 2021
7		7 misc Letter Tue 04/20 9:10 PM Letter regarding case being related to a criminal case by Securities & Exchange Commission (Vasilescu, Alexander) Related: [-]
Friday, April 16, 2021
6		6 notice Notice of Appearance Fri 04/16 2:34 PM NOTICE of Appearance by Alexander M. Vasilescu on behalf of Securities & Exchange Commission (aty to be noticed) (Vasilescu, Alexander) Related: [-]
Thursday, April 15, 2021
5		5 misc Quality Control Check - Attorney Case Opening Thu 04/15 3:43 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) Related: [-]
4		4 misc Clerks Notice of Rule 73 Thu 04/15 3:41 PM In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) Related: [-]
3		3 misc Proposed Summons/Civil Cover Sheet Thu 04/15 2:36 PM Proposed Summons. Re1 Complaint by Securities & Exchange Commission (Best, Richard) Related: [-]
2		2 misc Proposed Summons/Civil Cover Sheet Thu 04/15 2:35 PM Civil Cover Sheet.. Re1 Complaint by Securities & Exchange Commission (Best, Richard) Related: [-]
1		1 14 pgs cmp Complaint Thu 04/15 2:32 PM COMPLAINT against Tyler Crockett, Ubong Uboh Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Securities & Exchange Commission. (Best, Richard) Related: [-]
		utility Case Assigned/Reassigned Thu 04/15 3:40 PM Case Assigned to Judge Diane Gujarati and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) Related: [-]

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