Securities and Exchange Commission v. Beasley
2:22-cv-00612
| D. Nev. | Jul 15, 2025Background
- The SEC filed a complaint against Matthew Wade Beasley, his law firm, Jeffrey Judd, Christopher Humphries, and several associated entities, alleging participation in a Ponzi scheme violating federal securities laws.
- Denny Seybert and other individuals were charged as promoters of the fraudulent scheme, allegedly violating the Securities Act and the Exchange Act.
- Eleven relief defendants were named for allegedly receiving ill-gotten gains.
- A receiver was appointed by the court to secure and manage the assets of the defendants.
- Seybert reached a settlement with the SEC regarding liability, agreeing to a judgment of injunction and reserving the monetary remedies for later determination by the court.
- The SEC and Seybert jointly moved for entry of judgment, asserting the settlement is fair, adequate, and the result of good faith negotiations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Injunctive Relief & Liability | Seybert violated federal securities laws as a promoter in a Ponzi scheme | Consents to judgment as to liability and injunctive relief | Consent judgment granted; liability and injunctive relief entered |
| Fairness of Settlement | Settlement is fair, adequate, and reasonable | Joins in the request for judgment, preserving right to contest monetary relief | Settlement approved as fair and reasonable |
| Determination of Monetary Relief | Monetary remedies (disgorgement, penalties) should be resolved later | Reserves right to contest amounts of monetary relief | Amounts to be determined in future proceedings |
| Scope of Injunction | Seybert must be enjoined from further violations and solicitation | Consents to injunction as proposed | Injunction ordered as per settlement terms |
Key Cases Cited
- SEC v. Randolph, 736 F.2d 525 (9th Cir. 1984) (approving consent judgment with injunctive relief and disgorgement)
- SEC v. CR Intrinsic Investors, LLC, 26 F. Supp. 3d 260 (S.D.N.Y. 2014) (holding that consent judgments with injunctions and penalties are fair and reasonable)
