SEC v. Marcus A. Luna, et al. (boiler rooms, 2016)
Judgment entered
Checked against the primary document on October 4, 2026. The library's summary, tags and figures for this record were compared with the regulator's own document by an AI model (Claude) following written instructions, with sampled and disputed records read a second time. No lawyer has reviewed them. A checked record can still contain errors, and checked does not mean endorsed. See how we check records or report a correction.
In September 2016 the SEC alleged that a lawyer and three associates ran boiler rooms promoting Umax and Azure stock, defrauding investors of $13.6 million. The Central District of California entered final judgments between July and October 2017: Smith, Gomez and Walker received penny stock bars, and Luna was held liable for $13,331,883 in disgorgement with $402,476 interest. Only Smith's $15,000 penalty is recorded.
The record
| Agency | SEC |
|---|---|
| Release number | LR-23666 |
| Date filed | 2016-09-30 |
| Date resolved | 2017-10-05 |
| Court | U.S. District Court, Central District of California |
| Status | judgment |
| Asset class | equities |
| Criminal parallel | No |
| Bars imposed | Penny stock bar (Walker, Gomez, Smith) |
| Defendants | Marcus A. Luna ; Norell Walker ; Paul Gomez ; Dustin Smith |
| Cited as charged or alleged | Exchange Act s.10(b) and Rule 10b-5 ; Exchange Act s.15(a) ; Securities Act s.17(a) ; Securities Act s.5 |
| Techniques | Boiler rooms , Pump and dump |
What was ordered
- Civil penalty
- $15k
- Disgorgement
- $13.3m
- Prejudgment interest
- $402k
- Total relief
- $13.7m
- Alleged gain
- —
What is alleged to have happened
The SEC announced this action on September 29, 2016 as release LR-23666, naming Marcus Luna, Norell Walker, Paul Gomez and Dustin Smith in a boiler-room pump-and-dump allegation.
The technique tag is this library's own reading of the conduct the regulator describes; agencies charge statutory provisions, not technique names.
Judgments were entered for Smith and Gomez on July 19, 2017, Walker on September 19, 2017 and Luna on October 5, 2017. Luna's judgment sets disgorgement of $13,331,883 and prejudgment interest of $402,476, a total of $13,734,359, which includes joint and several liability with the other three. Walker's judgment totals $7,867,124 and Gomez's $1,061,087 (both overlapping with Luna's), and Smith's was disgorgement of $237,361, interest of $7,165 and a $15,000 penalty. Civil penalties against Luna, Walker and Gomez were dismissed. Because the amounts overlap, this record stores Luna's figures, the largest, rather than a sum. Walker, Gomez and Smith were barred from penny stock offerings. Checked on 2026-10-04.
What technique is this, and how does it work?
This action is tagged with 2 techniques in our taxonomy. The tagging is ours: regulators charge statutory provisions, not technique names, so the mapping is an editorial judgement described in our editorial policy.
- Boiler rooms — see how it works, what statute it engages, and every other action tagged the same way.
- Pump and dump — see how it works, what statute it engages, and every other action tagged the same way.
Timeline
- 2016-09-30 Litigation release published
- 2017-07-19 Final judgments entered against Gomez and Smith
- 2017-09-19 Final judgment entered against Walker
- 2017-10-05 Final judgment entered against Luna
Primary documents
Everything on this page derives from the documents below. Where our summary and the primary document disagree, the primary document is right.
- SEC litigation release
- Final judgment, Luna
- Final judgment, Walker
- Final judgment, Gomez
- Final judgment, Smith
Related actions
Other actions in the library sharing at least one technique tag with this one.
| Action | Agency | Filed | Technique | Penalty | Status |
|---|---|---|---|---|---|
| SEC v. Joseph R. Earle Jr, Barry D. Reagh, William Clayton, Francis T. Dudley, Steven E. Bryant, Upper Street Marketing, Inc. and Project Growth International, Inc. (boiler rooms, 2022) | SEC | 2022-12-05 | Boiler Rooms , Pump And Dump | — | filed |
| SEC v. Matthew Nicosia, William Reninger, Fabrizio Di Carlo, and Ronald Touchard (boiler rooms, 2022) | SEC | 2022-09-28 | Boiler Rooms , Pump And Dump | $453k | settled |
| SEC v. Francis Biller, et al. (pump and dump, 2022) | SEC | 2022-03-17 | Pump And Dump , Boiler Rooms | — | settled |
| SEC v. Talman Harris and Victor Alfaya (boiler rooms, 2019) | SEC | 2019-06-28 | Boiler Rooms , Pump And Dump | $500k | judgment |
| SEC v. Jason McDiarmid, et al. (boiler rooms, 2017) | SEC | 2017-09-29 | Boiler Rooms , Pump And Dump | $3.3m | judgment |
| SEC v. Jason A. Wallace (boiler rooms, 2016) | SEC | 2016-09-27 | Boiler Rooms , Pump And Dump | $435k | judgment |