This case was last updated from U.S. District Courts on 12/27/2021 at 22:52:10 (UTC).

Securities and Exchange Commission v. Carrillo et al

Case Summary

On August 4, 2021, the Securities and Exchange Commission (the “Commission”), represented by Kathleen Burdette Shields, attorneys at the SEC’s New York regional office, filed a civil enforcement action against Luis Jimenez Carrillo (“Carrillo”), Amar Bahadoorsingh, Justin Roger Wall (“Wall”), and Jamie Samuel Wilson (“Wilson”) (collectively, “Defendants”) and against Haydee Yolanda Sanchez Diaz Monge (“Monge”), The Martha Y. Jimenez Trust, The Charles A. Carrillo Trust (collectively, “Relief Defendants”), seeking permanent injunction and an order requiring the disgorgement by Defendants of all ill-gotten gains with prejudgement interest for alleged securities fraud. This case was filed in the U.S. District Court in the District of Massachusetts with Judge William G. Young presiding.

In its complaint, the Commission alleged that, “Carrillo engaged in multiple deceptive schemes to sell publicly traded stock to investors. From at least 2013 through at least May 2019 (the “Relevant Period”), Carrillo defrauded investors by concealing the fact that he, in concert with others, controlled the securities of numerous publicly traded companies including the securities of Aureus, Inc. (“Aureus”), Garmatex Holdings, Ltd. (“Garmatex”), and OneLife Technologies Corp. (“OneLife”).”

The Commission further alleged that, “Bahadoorsingh partnered with Carrillo at least relating to the Aureus scheme. He coordinated with Carrillo to sell Aureus securities without making required disclosures or complying with the limitations on sales of stock by company affiliates. Wall and Wilson also played critical roles in the Aureus scheme. As a result of defendants’ scheme, what appeared to be ordinary trading by unaffiliated investors was actually a massive dump of shares orchestrated by defendants, who were seeking to profit at the expense of defrauded investors. Investors in certain public companies (including Aureus and OneLife) are required to disclose publicly any ownership interest in excess of 5% of the company’s stock. Defendants engaged in schemes to make it appear that the shares they actually controlled were owned by multiple unaffiliated entities when, in reality, those entities were holding the stock as nominees for the group of defendants acting in concert.”

The commission also alleged that, “Carrillo also arranged to transfer the stock he controlled to at least two offshore asset managers to conceal further his control over the shares. The two managers, Wintercap SA (“Wintercap”) and Blacklight SA (“Blacklight”), deposited Carrillo’s stock in accounts at foreign and United States brokerage firms. Through the brokerage firms, Wintercap and Blacklight then sold millions of dollars of shares of Carrillo’s stock to unsuspecting investors.”

The Commission has laid down seven claims for relief. The first is for alleged fraud in the offer or sale of securities in alleged violations of Sections 17(a)(1) and (3) of the Securities Act. The second claim is for alleged fraud in the offer or sale of Securities in alleged violation of Sections 17(a)(2) of the Securities Act. The third claim is for alleged fraud in connection with the purchase or sale of securities in alleged violations of Section 10(b) of the Exchange Act and Rules 10b-5(a) and (c). The fourth claim is for alleged fraud in connection with the purchase or sale of securities in alleged violation of Section 10(b) of the Exchange Act and Rule 10b-5(b). The fifth claim is for alleged unregistered offerings of securities in alleged violations of Sections 5(a) and 5(c) of the Securities Act. The seventh claim is for alleged failure to report over 5% beneficial ownership in alleged violations of Sections 13(d) of the Exchange Act, among other equitable relief, including unjust enrichment and constructive trust.

In its prayer for relief, the Commission has requested the Court for permanent injunctive relief, disgorgement order with prejudgment interest and an order imposing civil monetary penalties pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. §78u(d)(3)].

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-11272

  • Filing Date:

    08/04/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Security/Commodity/Exchange

Judge Details

Presiding Judge

William G. Young

 

Party Details

Plaintiff

Securities and Exchange Commission

Defendants

Luis Jimenez Carrillo

Amar Bahadoorsingh

Justin Roger Wall

Jamie Samuel Wilson

Haydee Sanchez Diaz Monge

Attorney/Law Firm Details

Plaintiff Attorneys

Eric A. Forni

Susan C. Anderson

Kathleen Burdette Shields

Defendant Attorneys

Joshua L. Ray

Stephanie S. McGraw

Stephen I. Hansen

Sonia M. Agee

 

Court Documents

34 #1

Text of Proposed Order Proposed Order for EXTENSION OF TIME TO FILE RESPONSE TO

34 #34

Main Document

#33

(#33) NOTICE of Appearance by Sonia M. Agee on behalf of Haydee Sanchez Diaz Monge (Agee, Sonia) (Entered: 12/09/2021)

32 #2

consent

32 #1

proposed judgment

32 #32

Main Document

2 #9

Exhibit 6

2 #6

Exhibit 3

2 #5

Exhibit 2

#2

1 #2

Category Sheet

1 #1

Civil Cover Sheet

#1

48 More Documents Available
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Docket Entries

  • 12/09/2021
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  • Docket(#34) Third MOTION for Extension of Time to January 10, 2022 to Answer or Otherwise Respond #1 Complaint, by Haydee Sanchez Diaz Monge. (Attachments: #1 Text of Proposed Order)(Agee, Sonia) Modified on 12/13/2021 to Correct Docket Text and CM/ECF Filing Event As Counsel Filed the Motion Under the Wrong Event in CM/ECF (Paine, Matthew). (Entered: 12/09/2021)

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  • 12/09/2021
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  • Docket(#33) NOTICE of Appearance by Sonia M. Agee on behalf of Haydee Sanchez Diaz Monge (Agee, Sonia) (Entered: 12/09/2021)

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  • 12/06/2021
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  • Docket(#32) MOTION to Approve Consent Judgment by Securities and Exchange Commission. (Attachments: #1 proposed judgment, #2 consent)(Anderson, Susan) (Entered: 12/06/2021)

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  • 11/29/2021
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  • Docket(#31) Judge William G. Young: ELECTRONIC ORDER entered granting #29 Motion for Leave to Appear Pro Hac Vice Added Joshua L. Ray. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Paine, Matthew) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#30) NOTICE of Appearance by Stephen I. Hansen on behalf of Jamie Samuel Wilson (Hansen, Stephen) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#29) MOTION for Leave to Appear Pro Hac Vice for admission of Joshua L. Ray Filing fee: $ 100, receipt number AMADC-9073112 by Jamie Samuel Wilson. (Attachments: #1 Exhibit 1)(McGraw, Stephanie) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#28) MOTION for Extension of Time to January 10, 2022 to File Answer by Jamie Samuel Wilson.(McGraw, Stephanie) (Entered: 11/29/2021)

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  • 11/18/2021
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  • Docket(#27) Judge William G. Young: ORDER entered. FINAL JUDGMENT as to Charles A. Carrillo Trust. (Paine, Matthew) (Entered: 11/18/2021)

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  • 11/18/2021
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  • Docket(#26) Judge William G. Young: ORDER entered. FINAL JUDGMENT as to Martha Y. Jimenez Trust.(Paine, Matthew) (Entered: 11/18/2021)

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  • 11/18/2021
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  • Docket(#25) Judge William G. Young: ELECTRONIC ORDER entered granting #23 Joint MOTION to Approve Consent Judgment with relief defendants Martha Jimenez Trust and Charles Carrillo Trust. (Paine, Matthew) (Entered: 11/18/2021)

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14 More Docket Entries
  • 08/12/2021
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  • Docket(#10) STATUS REPORT regarding Service by Securities and Exchange Commission. (Shields, Kathleen) (Entered: 08/12/2021)

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  • 08/11/2021
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  • Docket(#9) NOTICE of Appearance by Susan C. Anderson on behalf of Securities and Exchange Commission (Anderson, Susan) (Entered: 08/11/2021)

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  • 08/10/2021
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  • Docket(#8) NOTICE of Appearance by Eric A. Forni on behalf of Securities and Exchange Commission (Forni, Eric) (Entered: 08/10/2021)

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  • 08/06/2021
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  • Docket(#7) Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction freezing assets and for other equitable relief. Responses due by 12:00 PM 8/11/2021. Motion Hearing set for 8/13/2021 02:30 PM in Remote Proceeding : Boston before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 08/06/2021)

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  • 08/05/2021
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  • Docket(#6) AFFIDAVIT of Trevor Donelan in Support re #2 MOTION for Preliminary Injunction freezing assets and for other equitable relief filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Shields, Kathleen) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#5) MEMORANDUM in Support re #2 MOTION for Preliminary Injunction freezing assets and for other equitable relief filed by Securities and Exchange Commission. (Shields, Kathleen) (Entered: 08/05/2021)

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  • 08/04/2021
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  • Docket(#4) Summons Issued as to Amar Bahadoorsingh, Charles A. Carrillo, Luis Jimenez Carrillo, Martha Y. Jimenez, Haydee Sanchez Diaz Monge, Justin Roger Wall, Jamie Samuel Wilson. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 08/04/2021)

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  • 08/04/2021

  • Docket(#3) ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) (Entered: 08/04/2021)

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  • 08/04/2021
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  • Docket(#2) MOTION for Preliminary Injunction freezing assets and for other equitable relief by Securities and Exchange Commission. (Shields, Kathleen) Modified on 8/5/2021 to Correct Docket Text (Paine, Matthew). (Entered: 08/04/2021)

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  • 08/04/2021
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  • Docket(#1) COMPLAINT against Haydee Sanchez Diaz Monge, Amar Bahadoorsingh, Martha Y. Jimenez Trust, Luis Jimenez Carrillo, Charles A. Carrillo Trust, Justin Roger Wall, Jamie Samuel Wilson (Fee Status: US Government), filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet)(Shields, Kathleen) (Entered: 08/04/2021)

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