• 12/30/J003_i9j 12 FAX 646 428 1979 US SECURITIES & COMM 1^1002/022 A »-»-«* o a s //o UNITED STATES DISTRICT COURT Si 1*A,/) . /O , SOUTHERN DISTRICT OF NEW YORK ^/^U„ /yU/CU'O^ri^ ^>C^^U - SECURITIES AND EXCHANGE C0"hfflP€!,fSsr^ '^ ^ <^ct.r OPULENTICAjLLC, ZARRAR SHEIKH, and NASSER A. DAWOUD, Defend: -and- SAIMASHAHZADI Relief Defendant 03 Civ. 10165 (RJH) eiow JAN 05 2004 CHAMBERS OF RICHAROJ.HOLWELL U.S.DJ. PARTIAL FINAL JUDGMENT ON CONSENT AS TO DEFENDANT NASSER A. DAWOUD WHEREAS, on December 23,2003, Plaintiff Securities and Exchange Commission CCommission") filed acomplaint seeking injunctive and other relief CComplaint"), charging, inter alia, Defendant Nasser A. Dawoud ("Dawoud") with violating Sections 5(a), 5(c), and 17(a) ofthe Securities Act of 1933 ("Securities Act"), l* U.S.C. §77e(a), 15 U.S-C §77e(c), and 15 U.S.C. § 77q(a), and Section 10(b) of the Securities Exchange Actof 1934 ("Exchange Act"), 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, 17 C.F.R. § 240.10b-5; WHEREAS, on December 23,2003, the Commission also filed a motion for emergency relief, inter alia: (a) preliminarily enjoining Dawoud from violating Sections 5(a), 5(c), and 17(a) ofthe Securities Act, 15 U.S.C. §§ 77e(a), 77e(c), and § 77q(a), Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, 17 C.FR. § 240.10b-S; (b) freezing the assets of Dawoud; (c) directing Dawoud to immediately provide a sworn accounting; (d) prohibiting Dawoud from destroying, altering, concealing of documents; (e) &
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SOUTHERN DISTRICT OF NEW COURT YORK ^/^U„ Si 1 */yU/CU'O ... · 1. Defendant Nasser A. Dawoud ("Dawoud"), having being folly apprised ofhis rights, having had the opportunity to
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•12/30/J003_i9j 12 FAX 646 428 1979 US SECURITIES & COMM 1^1002/022
A»-»-«*
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UNITED STATES DISTRICT COURT Si 1 * A , /) . /O ,SOUTHERN DISTRICT OF NEW YORK ^/^U„ /yU/CU'O^ri^ ^>C^^U -SECURITIES AND EXCHANGE C0"hfflP€!,fSsr^ '^ ^
<^ct.r
OPULENTICAjLLC,ZARRAR SHEIKH, andNASSER A. DAWOUD,
Defend:
-and-
SAIMASHAHZADIReliefDefendant
03 Civ. 10165 (RJH)
eiowJAN 0 5 2004
CHAMBERS OFRICHAROJ.HOLWELL
U.S.DJ.
PARTIAL FINAL JUDGMENT ON CONSENTAS TO DEFENDANT NASSER A. DAWOUD
WHEREAS, onDecember 23,2003, PlaintiffSecurities and Exchange Commission
CCommission") filed acomplaint seeking injunctive and other reliefCComplaint"), charging,
inter alia, Defendant Nasser A. Dawoud ("Dawoud") with violating Sections 5(a), 5(c), and
behalf, are enjoined and restrained from destroying, altering, concealing, or otherwise
improperly interfering with the access ofthe Commission to any and all documents, books, andrecords that are in the possession, custody or control ofDawoud, his officers, agents, employees,
servants, accountants, financial or brokerage institutions, or attorneys-in-fact, that refer, reflect or
relate to the allegations in the Complaint, includingwithout limitation, documents, books and
records referring, reflecting orrelating to the finances ofDawoud, Defendants Opulentica and
Zarrar Sheikh ("Sheikh") and ReliefDefendant Saima Shahzadi ("Shahzadi"), and the business
operations, offer, purchase or sale ofsecurities ofDefendant Opulentica or any ofits affiliates
andthe use ofproceedstherefrom.
VII.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREEDthat, Dawoud and any
person or entity acting at his direction or on his behalf, shall execute the Authorization of
Defendant Dawoud annexed herein,which statesthat Dawoudauthorizes "Habib Bank, Limited
torepatriate all monies and assets that were transferred from any financial institution inthe
United StatesofAmerica to HabibBank, Limited for the deposit into Account Number 27546-1 •
orany other accounts and safe deposit boxes that are held, maintained, orcontrolled by Dawoud,
Defendant Opulentica and Sheikh, ReliefDefendant Shahzadi, Mohammed Shoaib Ashiq, and
anyoftheir agents, servants, employees, attorneys, assigns, and persons in active concert or
participation" by December 30,2003. Upon therepatriation ofanyfunds ofHabib Bank,
Limited,ifany,Dawoud shall filewith the Court and serveon the Commission by facsimile and
overnight mail a description ofallmonies and assets sorepatriated andproduce anyor all
financial records relating to the transfer ofthosemonies and assets to the Commission.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, Dawoud shall
produce to the Commission by 5:00 pjn. on January 2,2004, copies ofall documents responsiveto the document request the Commission, pursuant to Federal Rules ofCivil Procedure ("Fed. R.
Civ. P.") 26 and 34, served upon Dawoud on December 26,2003 (including without limitation,
any and all documents concerning assets, liabilities, monies, securities, real or personal property,
income, expenditures or other transfers, regardless ofthe amount ofany ofthe foregoing, ofor
to, Dawoud, his agents, servants, employees, attorneys, assigns, and all persons inactive concert
or participation with them, financial statements, bank statements, brokerage statements, trading
have had to contest any ofthe allegations ofme Complaint in this action. In accordance with
such waiver, the Court shall consider the allegations ofthe Complaint in this action to be true for
purposes ofdetermining the specific amount that Dawoud is required to disgorge. Payment ofthe amount required pursuant to this paragraph ofthe Partial Final Judgment shall be made as
follows:
A. Dawoud shall pay the full amount ofdisgorgement, plus prejudgment and post-
judgment interest by cashier's check, certified check or postal money order payable to the "Clerk
oftheCourt -Southem DistrictofNew York" atthe United States District Court for the Southern
District ofNew York, 500 Pearl Street, New York, New York 10007, under cover ofa letter that
y^ identifies Dawoud as adefendant and the name and civil action number ofthis litigation. The
disgorgement, prejudgment and post-judgment interest to be paid pursuant to this paragraph shall
bedeposited into aninterest-bearing money market account with the Court Registry Investment
System ("CRIS Account"). Interest earned on the funds inthe CRIS Account shall be credited to
the CRIS Account and shall thereafterbe treated in the same manner as principal. Further, funds
in the CRISAccount shall be held until furtherorder ofthe Court, and shall be disbursed in
accordance with a plan of equitable distribution tovictims ofDawoud, Defendants Opulentica
andSheikh, andReliefDefendant Shahzadi, or, anyotherplanofdisbursement to be submitted
bytheCommission andapproved bytheCourt Innoevent shall any portion ofthe account be
returned to Dawoud or to the other defendants and reliefdefendant in this action or their
relatives, agents,principals, successors or assigns.
B. Simultaneously, withmaking anypayment pursuant to subparagraph A above,
Dawoud shall transmit copies ofthe cashier'scheck, certified check or postalmoney order, front
andback, as well as anyaccompanying correspondence, to JamesK. Hanson, U.S.Securities and
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12/30/2003 19:13 FAX 646 4261979 US SECURITIES & COMM 1^012/022
Exchange Commission, Northeast Regional Office, 233 Broadway. New York, New York10279. Such transmission shallbe made under cover ofaletter that identifies the defendant, the
name and civil action number ofthe htigation, the name ofthis Court and the Commission case
number "NY-7211-A."
XL
ITISFURTHER ORDERED, ADJUDGED, AND DECREED that Dawoud shall pay
acivil penalty, pursuant to Section 20(d) ofthe Securities Act, 15 U.S.C. §77t(d) and Section
21(d)(3) ofthe Exchange Act, 15 U.S.C. §78u(d)(3), in an amount to be determined by the Court
and upon application ofthe Commission. For purposes ofthe Court's determination ofthe civil
penalty amount to be paid by Dawoud, Dawoud has waived any right he may have had to contest
any ofthe allegations ofthe Complaint in this action. In accordance with such waiver, the Court
shall consider the allegations ofthe Complaint inthis action tobetrue for purposes of
deteraiining the amount ofthe civil penalty that Dawoud isrequired to pay. Dawoud shall pay
the civil penalty at asuch time astheCourt directs and inthefollowing manner:
A. Dawoud shall paythefull amount of the civil penalty ordered bytheCourt to the
United States Treasury bycashier's check, certified check orpostal money order payable tothe
•"United States Treasury." The payment shall betransmitted totheComptroller, U.S. Securities
and Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549-
B. Simultaneously, withmaking anypayment pursuant to subparagraph A above,
On this 30 day ofDecember 2003, before me personally appeared Defendant NasserA. Dawoud, to me known to>e-me person who executed the foregoing Consent OfDefendantNasser A* Dawond.
Date:
~,.JEDY.ESQ.NotariUBuhHc, State of New York
IDNumber 02KE6094009Qualified in Queens County
Commission Expires June 16,2007
JG.«<*o% 0tt^9>1^
New York, New York
SO ORDERED:
EUCHARD J. HOLWELLRICHARDUNITED STATES DISTRICT COURT JUDGE
r
«-gSSSS!2Sff
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'12/30/2003 19;15 FAX 646 428 1979 US SECURITIES & COMH
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK
SECURITIES ANDEXCHANGE COMMISSION,
Plaintiff,
- against -
OPULENTICA, LLC,ZARRAR SHEIKH, andNASSER A. DAWOUD,
any oftheir agents, servants, employees, attorneys, assigns, and persons in active concert or
participation.
Approvedas to Form
MmaKemjgfiy^Esq.Coteirfraukel & Ruggiero, LLParfVeseyStreet, Suite 1200fewYork, New York 10007(212)732-0002 *
STATE OF NEW YORK
COUNTY OF NEW YORK
)) ss.
)
Defendant Nasser A. Dawoud
On this TO day of December 2003, before me personally appeared Defendant NasserA. Dawoud, to me knowa-te^e the person who executed the foregoing Consent OfDefendantNasser A. Dawoudv
5NA KENNEDY. ESQ.i&tarv PuBfic. State of NewYork
OualKed inQueens CountyCommission Expires June 16,2007
Date: DenenroW __, 2003 -New York, New York
SO ORDERED:
RICHARD J. HOLWELLUNITED STATES DISTRICT COURT JUDGE