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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF NEW MEXICO
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`Plaintiff,
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`SECURITIES AND EXCHANGE
`COMMISSION,
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`v.
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`CHARLES R. KOKESH,
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` No. 09-cv-1021 SMV/LAM
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`Defendant.
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`AMENDED FINAL JUDGMENT
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`A jury, having returned a verdict in favor of Plaintiff and against Defendant on all counts,
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`and the Court, having granted Plaintiff’s Motion for Final Judgment [Doc. 205] in a Memorandum
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`Opinion and Order entered concurrently herewith,
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`IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the portion of the
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`Court’s March 30, 2015 judgment [Doc. 185] ordering Defendant to disgorge $34,927,329, plus
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`pre-judgment interest thereon, is VACATED. IT IS FURTHER ORDERED that Defendant
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`must disgorge $5,004,773, plus $2,646,466.25 of pre-judgment interest thereon, within 30 days
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`of entry of this Order.
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`IT IS FURTHER ORDERED that Defendant must pay a civil penalty in the amount of
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`$2,354,593 pursuant to Section 21(d) of the Securities Exchange Act of 1934 (“Exchange Act”),
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`Section 209(e) of the Investment Advisers Act of 1940 (“Advisers Act”), and Section 42(e) of the
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`Investment Company Act of 1940 (“Investment Company Act”), 15 U.S.C. §§ 78u(d), 80b-9(e),
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`and 80a-41(e), within 30 days of entry of this Order.
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`Case 1:09-cv-01021-SMV-LAM Document 211 Filed 10/31/18 Page 2 of 2
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`IT IS FURTHER ORDERED that Defendant is permanently enjoined from directly or
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`indirectly violating Sections 206(1) and (2) of the Advisers Act; Section 13(a) of the Exchange
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`Act and Exchange Act Rules 12b-20, 13a-1, and 13a-13; Section 14(a) of the Exchange Act and
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`Exchange Act Rule 14a-9; Section 37 of the Investment Company Act; and Section 205(a) of the
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`Advisers Act.
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`IT IS SO ORDERED.
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`______________________________
`STEPHAN M. VIDMAR
`United States Magistrate Judge
`Presiding by Consent
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