SEC v. Todd W. Mixon (2020)
Judgment entered
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In September 2020 the SEC sued Todd Mixon over a fraud on investors. Mixon did not respond to the complaint, and on 27 July 2021 the Middle District of Louisiana entered a final default judgment with injunctions and US$217,391 in disgorgement and US$14,876.78 in interest, deemed satisfied by criminal restitution.
The record
| Agency | SEC |
|---|---|
| Release number | LR-24931 |
| Date filed | 2020-09-30 |
| Date resolved | 2021-07-27 |
| Status | judgment |
| Criminal parallel | No |
| Defendants | Todd W. Mixon |
| Cited as charged or alleged | Exchange Act s.10(b) and Rule 10b-5 ; Securities Act s.17(a) |
| Techniques |
What was ordered
- Civil penalty
- —
- Disgorgement
- $217k
- Prejudgment interest
- $14.9k
- Total relief
- $232k
- Alleged gain
- —
What is alleged to have happened
The SEC announced the complaint on September 30, 2020 (LR-24931) in the Middle District of Louisiana. It alleges he spent the money on travel and other costs and some Ponzi-like payments to investors. The complaint asked for an injunction, disgorgement, interest and a penalty; the judgment is described below.
The Ponzi tag is removed because the release is headed a foreign currency trading scheme, with Ponzi-like payments one use of the money.
Outcome. The court's final default judgment of 27 July 2021 records that Mixon was served in October 2020, did not answer, and had a clerk's default entered against him in May 2021, so the complaint's liability allegations were deemed admitted. It permanently enjoins him from violating Section 17(a) and Section 10(b) with Rule 10b-5, and orders disgorgement of US$217,391 and prejudgment interest of US$14,876.78, a total of US$232,267.78, deemed satisfied in full by the restitution ordered in the parallel criminal case, United States v. Mixon.
The judgment imposes no civil penalty. The criminal sentence is not stated in the judgment, so none is recorded.
Timeline
- 2020-09-30 Litigation release published
- 2021-07-27 Final default judgment entered
Primary documents
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