United States Securities And Exchange Commission v. Lindemann

MOTION to Dismiss/General Request for Monetary Relief, Without Objection

D. Minn.May 4, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA __________________________________ : UNITED STATES SECURITIES AND EXCHANGE COMMISSION, : : Plaintiff, : : v. : : : Case No. 14-cv-4834 PJS/JJK LEVI D. LINDEMANN, : : Judge Patrick J. Schiltz Defendant. : Magistrate Judge Jeffrey J. Keyes __________________________________ : PLAINTIFF’S UNOPPOSED MOTION TO DISMISS CLAIMS FOR MONETARY RELIEF Plaintiff United States Securities and Exchange Commission (“SEC”) respectfully submits this motion seeking an order dismissing its prayers for monetary relief against defendant Levi D. Lindemann (“Lindemann”). In support of its motion, the SEC states that Lindemann’s counsel has no objection to this motion and the relief sought in it. In further support of its motion, the SEC states: 1. The SEC filed its Complaint in this matter on November 24, 2014. (Docket No.1) 2. The Complaint alleges that Lindemann fraudulently raised at least $976,000 from six investors located in Wisconsin, including elderly individuals and a member of his own family. (Id.). The SEC sought a permanent injunction against future violations of the securities laws, and certain monetary relief. (Id.) CASE 0:14-cv-04834-PJS-JJK Document 37 Filed 05/04/17 Page 1 of 4 2 3. On March 3, 2016, the Court entered a judgment by consent ordering a permanent injunction against Lindemann for the conduct set forth in the SEC’s Complaint. (Docket No. 36). That order left the issue of monetary sanctions to be determined at a later date. 4. On April 22, 2016, the Commission entered an order in an administrative action, by consent, containing associational and penny stock bars against Lindemann. In the Matter of Levi D. Lindemann, SEC Release No. 77696. 5. On December 22, 2015, the Minnesota U.S. Attorney’s Office filed an indictment that charged Lindemann with wire fraud and money laundering based on the same facts alleged in the SEC’s Complaint. USA v. Lindemann, No. 15-cr-00350-DWF- HB (D. Minn.), Docket No. 1. 6. On March 1, 2016, Lindemann pleaded guilty and, on November 22, 2016, this Court sentenced him to six years in prison and ordered him to pay criminal restitution in the amount of $1,901,408.66. Id., Docket Nos. 25, 42. 7. In light of these criminal sanctions imposed against Lindemann, the SEC seeks to dismiss its claims for monetary relief against Lindemann. Given the criminal sanctions imposed against Lindemann, the public interest would not be served by the continued prosecution of this action. CASE 0:14-cv-04834-PJS-JJK Document 37 Filed 05/04/17 Page 2 of 4 3 WHEREFORE, the Commission requests that the Court grant its motion and dismiss its claims for monetary relief. Dated: May 4, 2017 Respectfully submitted, UNITED STATES SECURITIES AND EXCHANGE COMMISSION By: /s/ Jonathan S. Polish Jonathan S. Polish (IL No. 6237890) polishj@sec.gov Alyssa A. Qualls (IL No. 6292124) quallsa@sec.gov Charles J. Kerstetter (PA No. 67088) kerstetterc@sec.gov Natalie G. Garner (IL No. 6278052) garnern@sec.gov Attorneys for Plaintiff UNITED STATES SECURITIES AND EXCHANGE COMMISSION 175 West Jackson Blvd., Suite 1450 Chicago, IL 60604 Telephone: (312) 353-7390 Fax: (312) 353-7398 James Alexander (MN No. 166145) Assistant United States Attorney District of Minnesota 600 U.S. Courthouse 300 South Fourth Street Minneapolis, MN 55415 Telephone: (612) 664-5600 Jim.Alexander@usdoj.gov Local Counsel CASE 0:14-cv-04834-PJS-JJK Document 37 Filed 05/04/17 Page 3 of 4 CERTIFICATE OF SERVICE I hereby certify that on May 4, 2017, I electronically filed the foregoing document with the clerk of court for this U.S. District Court using the electronic case filing system of the court. The electronic case filing system sent a “Notice of Electronic Filing” to all attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means. /s/ Jonathan S. Polish CASE 0:14-cv-04834-PJS-JJK Document 37 Filed 05/04/17 Page 4 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA __________________________________ : UNITED STATES SECURITIES AND EXCHANGE COMMISSION, : : Plaintiff, : : v. : : : Case No. 14-cv-4834 PJS/JJK LEVI D. LINDEMANN, : : Judge Patrick J. Schiltz Defendant. : Magistrate Judge Jeffrey J. Keyes __________________________________ : MEET AND CONFER STATEMENT PURSUANT TO L.R. 7.1(a) I, Jonathan S. Polish, certify that the counsel for the Plaintiff United States Securities and Exchange Commission met-and-conferred with counsel for the Defendant by telephone on May 3, 2017. During this telephone conversation, counsel for the Defendant represented that he had no objection to the Plaintiff’s Motion to Dismiss Claims for Monetary Relief. Dated: May 4, 2017 Respectfully submitted, By: /s/ Jonathan S. Polish Attorney for Plaintiff UNITED STATES SECURITIES AND EXCHANGE COMMISSION 175 West Jackson Blvd., Suite 1450 Chicago, IL 60604 Telephone: (312) 353-7390 Fax: (312) 353-7398 polishj@sec.gov CASE 0:14-cv-04834-PJS-JJK Document 37-1 Filed 05/04/17 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA ________________________________ : UNITED STATES SECURITIES AND EXCHANGE COMMISSION, : : Plaintiff, : : v. : : : Case No. 14-cv-4834 PJS/JJK LEVI D. LINDEMANN, : : Judge Patrick J. Schiltz Defendant. : Magistrate Judge Jeffrey J. Keyes ________________________________ : CERTIFICATE OF COMPLIANCE WITH LOCAL RULES 7.1(c) AND (e) I hereby certify that the attached filing contains 713 words and therefore complies with Local Rule 7.1(c). The number of words was calculated using the word counting function of Microsoft Word 2010, the word processing program used to prepare the attached submission, and includes headings, footnotes and quotations. The filing complies with the font requirements set forth in Local Rule 7.1(e). Date: May 4, 2017 /s/ Jonathan S. Polish CASE 0:14-cv-04834-PJS-JJK Document 37-2 Filed 05/04/17 Page 1 of 1