Securities and Exchange Commission v. Laborio et al

MOTION for Default Judgment as to Defendant Edward M. Laborio and Entry of Final Judgment

D. Mass.October 7, 2014

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS SECURITIES AND EXCHANGE COMMISSION, Plaintiff, C.A. No. 1:12-cv-11489-MBB v. EDWARD M. LABORIO, JONATHAN FRAIMAN, MATTHEW K. LAZAR, ENVIT CAPITAL, LLC, ENVIT CAPITAL GROUP, INC., ENVIT CAPITAL HOLDINGS, INC., ENVIT CAPITAL PRIVATE WEALTH MANAGEMENT, LLC, ENVIT CAPITAL MULTI STRATEGY MIXED INVESTMENT FUND I LP, AETIUS GROUP, PLC, and AETIUS GROUP, LLC, Defendants. SECURITIES AND EXCHANGE COMMISSION’S MOTION FOR ENTRY OF DEFAULT JUDGMENT AS TO DEFENDANT EDWARD M. LABORIO AND ENTRY OF FINAL JUDGMENT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 54(b) and 55(b)(2) Plaintiff Securities and Exchange Commission (“Commission”) hereby moves for entry of default judgment against defendant Edward M. Laborio pursuant to Federal Rule of Civil Procedure 55(b)(2) because there is no just reason for delay pursuant to Federal Rule of Civil Procedure 54(b). In support of this request, the Commission submits the accompanying memorandum of law; the attached Declaration of David London dated October 7, 2014 (“London Decl.”); and the attached Declaration of Mark B. Albers dated October 7, 2014. In addition, the Commission states as follows: Case 1:12-cv-11489-PBS Document 48 Filed 10/07/14 Page 1 of 3 2 1. Laborio is not an infant, incompetent person, or in the military service of the United States. See London Decl., ¶3. 2. For the reasons set forth in the accompanying materials, the Commission is entitled to a final judgment: (a) permanently enjoining Laborio from future securities laws violations, (b) requiring Laborio to pay disgorgement and pre-judgment interest in the total amount of $5,006,590, (c) requiring Laborio to pay an appropriate civil penalty, (d) ordering that Laborio be prohibited from acting as an officer or director of a public company, and (e) ordering that Laborio be prohibited from participating in an offering of penny stock. A proposed form of Final Judgment is submitted herewith. Respectfully submitted, SECURITIES AND EXCHANGE COMISSION, By its attorneys, /s/ David H. London David H. London (Mass. Bar No. 638289) Eric A. Forni (Mass. Bar No. 669685) 33 Arch Street, 23rd Floor Boston, Massachusetts 02110 Tel: (617) 573-8997 (London direct) Fax: (617) 573-4590 Email: londond@sec.gov October 7, 2014 Case 1:12-cv-11489-PBS Document 48 Filed 10/07/14 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that, on October 7, 2014, a true and correct copy of the foregoing document was filed through the Court’s CM/ECF system, and accordingly, the document will be sent electronically to all participants registered to receive electronic notice in this case. /s/ David H. London David H. London Case 1:12-cv-11489-PBS Document 48 Filed 10/07/14 Page 3 of 3