Lion Gate Capital, Inc. and Kenneth Rickel

U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 21253 / October 16, 2009

Securities and Exchange Commission v. Lion Gate Capital, Inc. and Kenneth Rickel, Civil Action No. 08-06574 (DSF) (MANx) (C.D. Cal.)

COURT ENTERS PERMANENT INJUNCTIONS AGAINST LION GATE CAPITAL, INC. AND PRINCIPAL KENNETH RICKEL

The Securities and Exchange Commission announced that on September 24, 2009, United States District Judge Dale S. Fischer entered a Final Judgment by consent against defendants Lion Gate Capital, Inc. and its principal, Kenneth Rickel. The Final Judgment enjoins Lion Gate and Rickel from future violations of Rule 105 of Regulation M under the Securities Exchange Act of 1934, 17 C.F.R. § 242.105. The Final Judgment also orders Lion Gate and Rickel to pay $100,000 in disgorgement and prejudgment interest and a $50,000 civil penalty. Lion Gate and Rickel consented to the entry of the Final Judgment without admitting or denying any of the allegations in the Commission's complaint.

For further information, see Litigation Release No. 20775 (Oct. 7, 2008) (complaint) and Press Release No. 2008-244.