Securities and Exchange Commission v. Chang G. Park, also known as Changgeun Park
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The SEC moved to enforce a Commission order against Chang G. Park, who failed to respond to a show cause order. The court granted the motion, ordering the defendant to pay the assessed civil penalty and interest.
| What the court decided | The model |
|---|---|
Granting Plaintiff's motion to enforce the Commission order“Accordingly, the Court GRANTS Plaintiff's motion to enforce, requiring Defendant to pay the civil penalty assessed against him and interest accrued pursuant to 31 U.S.C. § 3717.” | agree with court The court correctly applied the procedure for enforcing SEC orders under Section 21(e) of the Securities Exchange Act. The defendant was served and given an opportunity to show cause but failed to respond. In the absence of a response, the court is authorized to enter an order enforcing the Commission's decision. |
The order itself: sound — The order is procedurally sound. It cites the correct statute (Section 21(e)) and the controlling Ninth Circuit precedent (SEC v. McCarthy). The factual basis for the ruling (defendant's failure to respond to the show cause order) is clearly stated, making the decision to grant the motion to enforce logical and legally supported.
Opinion
1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 SOUTHERN DISTRICT OF CALIFORNIA 13 14 SECURITIES AND EXCHANGE Case No. 25-cv-3610-BAS-JLB COMMISSION, 15 ORDER GRANTING PLAINTIFF’S Plaintiff, 16 MOTION TO ENFORCE v. (ECF No. 1) 17 CHANG G. PARK, also known as 18 Changgeun Park, 19 Defendant. 20 21 Presently before the Court is Plaintiff Securities and Exchange Commission’s ex 22 parte motion. (ECF No. 1.) Plaintiff seeks a Court Order to enforce a Commission order, 23 in accordance with Section 21(e)(1) of the Securities Exchange Act of 1934. (Id.); SEC v. 24 McCarthy, 322 F.3d 650, 659 (9th Cir. 2003). 25 The Court ordered Defendant to Show Cause as to why this Court should not enforce 26 compliance with the Commission order. (ECF No. 2.) The Court gave Defendant until 27 January 23, 2026, to respond. (Id.) 28 I The Court further ordered Plaintiff to serve Defendant with a copy of the motion on 2 ||or before January 9, 2026, and to file a certificate of service with the Court confirming 3 || service of process. (/d.) The Plaintiff filed the certificate of service. (ECF No. 3.) 4 The deadline for Defendant to show cause has passed without a response. 5 || Accordingly, the Court GRANTS Plaintiff's motion to enforce, requiring Defendant to pay 6 || the civil penalty assessed against him and interest accrued pursuant to 31 U.S.C. § 3717. 7 || (ECF No. 1.) The Clerk of Court shall close the case. 8 IT IS SO ORDERED. 9 Th ~ 10 || DATED: January 28, 2026 Duhark 1 H n. Cynthia Bashant, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28