Filed 04/06/26 in TXSD

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Case 4:26-cv-02721

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Filed 04/06/26 in TXSD

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

SECURITIES AND EXCHANGE COMMISSION,

Plaintiff,

v.

AARON VERDUGO,

VERDUGO ENTERPRIZES, LLC

D/B/A BDAASWORX, AND

BDAAS INC.,

Defendants.

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Case No.: 4:26-cv-2721

JURY TRIAL DEMANDED

COMPLAINT

Plaintiff Securities and Exchange Commission (the “Commission” or “Plaintiff”) files this

Complaint against Aaron Verdugo (“Verdugo”), Verdugo Enterprizes, LLC d/b/a BDaaSWorx

(“BDaaSWorx”), and BDaaS Inc. (“BDaaS”) (collectively “Defendants”) and alleges as follows:

I.

SUMMARY

1.

From approximately August 2022 through January 2024 (the “Relevant Period”),

Verdugo raised approximately $6.67 million from approximately 200 investors in an unregistered

securities offering made primarily through two entities that he wholly owned, BDaasWorx and

BDaaS (together, “BDX”), based on materially false and misleading statements.

2.

The Defendants offered and sold to investors the opportunity to purchase

computer chipset units, along with the management services provided by BDX to install, manage,

and maintain the units, which were purportedly going to be deployed in BDX’s current

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infrastructure (the “BDX Power Program”). BDX claimed to operate a data center where it housed

and maintained the chipset units it purported to have contracted for use by third parties who

required high volume data computation and/or storage services (“big data as a service” or “BDaaS

services”). The Defendants promised to maintain and manage the chipset units and secure

customers to utilize the chipset units, which would ultimately generate profits for the investors.

3.

Defendants made numerous materially false and misleading statements to

investors about fundamental aspects of BDX and the BDX Power Program. Defendants claimed

BDX had established customer relationships with several large Fortune 500 technology

companies, among others, and further claimed it was already providing BDaaS services to them.

Investors were promised monthly returns purportedly generated from the payments BDX received

from these purported existing customers. Investors were further promised a quick return of their

full investment and a “satisfaction guarantee,” whereby investors could receive a full refund of

their investment amount, less any returns that they had received during the investment period, if

they were not satisfied with their investment for any reason.

4.

In reality, BDX did not have any customer contracts, provide any BDaaS services

to any customers, or have any source of revenue. By early 2023, just months after the Defendants

started raising investor funds, they had ceased paying monthly returns to nearly all investors, and

the Defendants failed to honor the satisfaction guarantee refunds to all but four investors, which

were paid using other investors’ funds. Meanwhile, Verdugo directed BDX staff to make

additional misstatements regarding BDX’s failure to pay monthly returns.

5.

Unbeknownst to investors, Verdugo also misappropriated at least $6.1 million of

investor funds, using approximately $591,000 to pay investors and approximately $5.5 million

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to pay unauthorized expenses, of which approximately $4,684,000 was used to pay unauthorized

operational expenses and approximately $854,000 was used to pay unauthorized compensation.

Except for the $591,000 in investor funds paid to investors as returns or refunds, the remaining

investors never received any monthly returns or refunds, which resulted in substantial losses to

investors based on their investments.

6.

By committing the acts alleged in this Complaint, Defendants violated Sections

5(a), 5(c), and 17(a)(2) of the Securities Act of 1933 (“Securities Act”) [15 U.S.C. §§ 77e(a) and

(c) and 77q(a)(2)] and Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”)

[15 U.S.C. § 78j(b)] and Rule 10b-5(b) thereunder [17 C.F.R. § 240.10b-5(b)].

7.

The Commission brings this action against the Defendants seeking: (a) injunctive

relief; (b) disgorgement of ill-gotten gains; (c) pre-judgment interest on those ill-gotten gains; (d)

a civil penalty against Verdugo; and (e) all other equitable and ancillary relief to which the Court

determines that the Commission is entitled.

II.

JURISDICTION AND VENUE

8.

The Court has jurisdiction over this action under Sections 20(b), 20(d) and 22(a)

of the Securities Act [15 U.S.C. §§ 77t(b), 77t(d) and 77v(a)] and Sections 21(d), 21(e), and 27

of the Exchange Act [15 U.S.C. §§ 78u(d), 78u(e), and 78aa]. Defendants, directly and indirectly,

made use of means or instrumentalities of interstate commerce, or of the mails, or the facilities of

a national securities exchange, in connection with the acts, omissions, transactions, practices,

and/or courses of business alleged herein.

9.

Venue in this district is proper under Section 22 of the Securities Act [15 U.S.C. §

77v] and Section 27 of the Exchange Act [15 U.S.C. § 78aa] because a substantial part of the

events giving rise to the claims occurred within the district, including but not limited to

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Defendants’ sales of securities, misrepresentations, acts, practices, transactions, and courses of

business. Further, Verdugo resides in Humble, Texas, which is located in this district.

10.

Defendants engaged in the acts, omissions, transactions, practices, and/or courses

of business described in this Complaint in connection with the offer, purchase, and/or sale of

investment contracts through the BDX Power Program, which are securities under Section 2(a)(1)

of the Securities Act and Section 3(a)(10) of the Exchange Act.

III.

DEFENDANTS

11.

Aaron Verdugo resides in Humble Texas. At all relevant times, Verdugo has

been the founder, principal officer, and sole member of BDaaSWorx and the control person of

BDaaS.

12.

Verdugo Enterprizes, LLC d/b/a BDaaSWorx is an Arizona limited liability

company with its principal place of business in Tempe, Arizona. Verdugo is the founder, sole

member and principal officer of BDaaSWorx. Verdugo formed and operated several companies

under the name “BDaaSWorx” or “BDaaS,” but corporate formalities were not observed between

the various entities, and these entities appear to have been used somewhat interchangeably during

the Relevant Period with general references to “BDaaSWorx,” “BdaaS,” “BDX,” and the “BDX

Power Program” in marketing materials, including written sales presentations and BDX’s

website. As such, representations and other information provided to investors about the offering

were made by BDaaSWorx and BDaaS interchangeably at various times throughout the Relevant

Period. BDaaSWorx and BDaaS are collectively referred to as “BDX” throughout this

Complaint.

13.

BDaaS Inc. is a Wyoming corporation with its principal place of business in

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Sheridan, Wyoming. Verdugo is the control person of BDaaS.

IV.

STATEMENT OF FACTS

A.

Background.

14.

In August 2022, Verdugo launched the BDX Power Program which offered

investors in multiple states the opportunity to purchase computer chipset units, along with

management services provided by BDX to install, manage and maintain the units. BDX claimed

to operate a data center in Houston, Texas where it housed and maintained computer hardware

(i.e., chipset units). The Defendants claimed that BDX had contracts for use of the chipset units

housed at its data center with third parties who required high volume data computation and/or

storage services. The Defendants claimed that they had established customer relationships with

Fortune 500 technology companies, among others, and further claimed that chipsets purchased

through the BDX Power Program would purportedly be installed to power BDX’s existing

infrastructure and support BDX’s existing customers. In exchange for their investment, investors

were promised monthly payments purportedly generated from the payments BDX received from

its existing customers.

B.

Sale of the BDX Power Program Securities

15.

Depending on when investors participated in the BDX Power Program, investors

made a one-time payment between approximately $8,300 and $12,300, which, according to the

Defendants, BDX would purportedly use to purchase, install, and program the chipset unit. More

than half of the investors in the BDX Power Program purchased more than one chipset unit or

made multiple investments with BDX. Most investors sent their money via wire transfer to

BDX’s bank accounts, which were owned and controlled by Verdugo. Investor funds were

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pooled and commingled in these accounts and subsequently used by Verdugo to make payments

to investors and for various unauthorized expenses.

16.

The Defendants utilized a sales team to promote the BDX Power Program, which

were internally referred to as “Authorized Dealers.” Several of the Authorized Dealers were

investors themselves in the BDX Power Program. Verdugo recruited an individual to lead the sales

and marketing efforts of the Authorized Dealers, and to help facilitate communications with

investors. This individual was responsible for overseeing the sales process and preparing

marketing materials and other offering documents based upon information provided to him by

Verdugo, all of which were provided to Verdugo for his review and approval before distributing

to potential investors. Once approved, these marketing materials were provided to the Authorized

Dealers who then distributed them to potential investors on BDX’s public website and by email,

text, phone, and social media platforms. Verdugo occasionally attended in-person and video

meetings with potential investors where he would describe the BDX Power Program and BDX’s

infrastructure and technology.

17.

When an investor agreed to invest in the BDX Power Program, they entered into a

Services Agreement with BDX in which BDX agreed to provide ongoing services to investors as

a part of the investment. Specifically, BDX agreed to install, manage, and maintain the investors’

chipset units, including programming and configuring the units to provide data processing and

storage services for BDX’s customers. Investors were to receive a pro rata share of the profits

generated from the deployment of their respective chipset unit(s) to power BDX’s infrastructure.

Investors were fully reliant on the Defendants to operate the data center, manage and maintain the

chipset units, and generate the promised returns. As noted in BDX’s written sales presentations

and on its website, the BDX Power Program promised investors “passive income,” that they could

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make money while they slept, and that their participation in the program required zero hours from

them.

C.

The BDX Power Program was an Unregistered Securities Offering

18.

The BDX Power Program was a securities offering because investments in the

program constituted investment contracts under the federal securities laws. Investors invested

money by wiring funds to BDX bank accounts, where the money was pooled with other investors’

funds. After sending their money to the Defendants, the investors had no decision-making

authority regarding how BDX would use their funds and they had no control over the success of

their investments. Instead, investors collectively relied on the efforts and expertise of the

Defendants to generate sufficient revenues to pay the monthly returns and to uphold their

obligations under the satisfaction guarantee, which is discussed in more detail below.

19.

Investors expected their profits solely from the efforts of the Defendants and were

entirely passive. Investors had no control over, or insight into, what was done with their money

after they sent it to BDX. The investors had to rely on the Defendants for the success or

profitability of the purported investment because they did not have the requisite knowledge to

manage or maintain the chipset units or to operate the data center, all of which BDX claimed to

engage in to generate its revenue. Investors were not given any information or access that would

have allowed them to participate in the operation of the data center.

20.

During the Relevant Period, the Defendants raised at least $6.67 million from

approximately 200 investors in multiple states through the offer and sale of investment contracts

related to the BDX Power Program. The Defendants used in-person events, BDX’s public

website, email, text, phone, and social media platforms to solicit investors, many of whom did

not have preexisting, substantive relationships with the Defendants or the Authorized Dealers.

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21.

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The BDX Power Program offering was not registered with the Commission. Further,

the Defendants did not attempt to verify that investors were accredited investors and, in fact, accepted

investments from unaccredited investors.

D.

Misrepresentations Regarding the BDX Power Program

i.

Statements Regarding BDX’s Existing Customer Relationships

22.

During the Relevant Period, the Defendants made numerous false and misleading

statements to investors regarding BDX’s existing relationships with data services customers. For

example, in offering materials provided to investors, including written sales presentations, the

Defendants included a false and misleading statement that BDX provided services to several

Fortune 500 companies, among others. The Defendants made similar false and misleading

statements touting BDX’s established customer relationships with several Fortune 500 companies

on its website, and during in-person sales presentations to investors. The corporate logos for the

Fortune 500 companies were prominently featured in the BDX offering materials.

23.

These statements were false and misleading because, while the Defendants did

undertake some effort to set up its business operations, such as renting office space, purchasing

computer equipment and hardware, and securing bookkeeping software, BDX did not provide

BDaaS services to any customers, let alone Fortune 500 companies, during the Relevant Period.

ii.

24.

Statements Regarding BDX’s Investment Returns and Satisfaction Guarantee

The Defendants also made false and misleading statements regarding BDX’s

successful track record and the returns investors could expect to receive from investing in the BDX

Power Program. Included in written sales presentations provided to investors, investors were

promised “incredible earnings” with most investors recouping their full investment within

approximately four to nine months. In other written sales presentations provided to investors, the

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Defendants promised investors “100% Success” with all investors earning returns within 90 days

after investing in the BDX Power Program. Similar claims were repeated on BDX’s public

website. Investors were further promised “passive income” and the ability to “make money while

[they] sleep” as the chipset earned income from the BDaaS services. Investors were told to expect

monthly returns between $480 - $2,000 per chipset for the life of the unit, which would typically

continue for 7-10 years.

25.

While BDX acknowledged to investors that the expected rate of return was not

guaranteed, the Defendants promised a satisfaction guarantee to provide another type of investor

protection for the BDX Power Program. This satisfaction guarantee was presented to investors in

the Services Agreement, in written sales presentations, and on BDX’s website. Investors were told

they could receive a full refund of their investment amount, less any returns they had received

during the investment period if they were not satisfied with the investment for any reason.

Investors could elect to exercise their satisfaction guarantee after an initial 12-month term, which

was later extended to a 24-month term.

26.

In reality, BDX’s offering materials misrepresented the performance and potential

returns of the BDX Power Program, while understating the risks of the investment. At the time

the Defendants were making such representations to investors, the BDX Power Program had just

launched and did not have any operating history. Further, the expected monthly returns promised

to investors were arbitrary, because BDX did not have any customer contracts or other source of

revenue. In fact, by early 2023, the Defendants had ceased paying returns to nearly all investors.

The satisfaction guarantee was also misleading because BDX was not generating any revenues

and had no source of funds – aside from funds from investors – that could be used to provide a

full refund if an investor elected to receive one. Despite many demands, the Defendants failed to

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provide refunds to all but four investors. Ultimately those that did receive a refund or return only

did so after the Defendants received money from new investors.

E.

Defendants’ Use of Investor Funds

27.

In offering materials provided to investors, including written sales presentations and the

Services Agreement, the Defendants represented to investors their funds would be allocated to

purchase the chipset units and the installation and programming of the units by BDX. As part of the

BDX Power Program offering, the Defendants provided each investor with an invoice reflecting the

purported allocations of their investment funds. These invoices were false.

28.

The Services Agreement provided that BDX would withhold a 20% service fee on

all earnings withdrawals made by investors from their account. It was this service fee, not investor

funds, that was meant to cover BDX’s ongoing operational expenses for the data centers used to

store the chipset units, along with the labor required to service, maintain, and manage the chipset

units. However, BDX did not have any customer contracts to generate earnings and the majority

of investors never received any earnings withdrawals from BDX from which the Defendants could

withhold the service fee.

29.

When investors contacted BDX regarding missed or lower than expected

payments, the Defendants made additional misstatements regarding the payment delays,

including blaming programming errors, BDX not receiving customer payments because of

changes in business practices by vendors, an internal “audit” to improve BDX’s process, and the

creation of a waiting list for refunds. In reality, BDX did not have any customer contracts and

was not generating any revenue to pay the monthly returns or to meet its refund obligations. By

the end of the Relevant Period, BDX stopped responding to investor inquiries and complaints and

investors stopped receiving any information regarding their investment in the BDX Power

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Program.

30.

After receiving investor funds sent to the BDX bank accounts he controlled,

Verdugo misappropriated investor funds to make payments to investors, and for unauthorized

expenses. Bank records indicate Verdugo misappropriated at least $6.1 million of investor funds,

of which he made approximately $591,000 in payments to investors as returns and refunds. In

addition, out of the misappropriated investor funds, Verdugo made payments for unauthorized

expenses totaling approximately $5.5 million, of which approximately $4,684,000 was used to

pay unauthorized operational expenses and approximately $854,000 was used to pay

unauthorized compensation, including paying for a luxury vehicle, transferring funds to his

spouse, and making credit card payments for personal expenditures.

V.

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

Violations of Section 10(b) of the Exchange Act [15 U.S.C. § 78j(b)] and

Rule 10b-5(b) thereunder [17 C.F.R. § 240.10b-5(b)]

Against all Defendants

31.

Plaintiff re-alleges and incorporates paragraphs 1-30 of this Complaint by

reference as if set forth verbatim in this Claim.

32.

By engaging in the acts and conduct alleged herein, Defendants, directly or

indirectly, in connection with the purchase or sale of a security, by the use of any means or

instrumentality of interstate commerce, or of the mails or of any facility of any national securities

exchange, knowingly or with severe recklessness, made an untrue statement of material fact or

omitted to state a material fact necessary in order to make the statements made, in light of the

circumstances under which they were made, not misleading.

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33.

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By reason of the foregoing, Defendants violated, and unless restrained and

enjoined will continue to violate, Section 10(b) of the Exchange Act [15 U.S.C. § 78j(b)] and

Rule 10b-5(b) thereunder [17 C.F.R. §§ 240.10b-5(b)].

SECOND CLAIM FOR RELIEF

Violations of Section 17(a)(2) of the Securities Act [15 U.S.C. §77q(a)(2)]

Against all Defendants

34.

Plaintiff re-alleges and incorporates paragraphs 1-30 of this Complaint by reference

as if set forth verbatim in this Claim.

35.

By engaging in the acts and conduct alleged herein, Defendants, directly or

indirectly, in the offer or sale of securities, by the use of any means or instruments of transportation

or communication in interstate commerce or by the use of the mails, have knowingly, with severe

recklessness, or negligently, obtained money or property by means of an untrue statement of a

material fact or an omission to state a material fact necessary in order to make the statements made,

in light of the circumstances under which they were made, not misleading.

36.

By reason of the foregoing, Defendants have violated, and unless restrained and

enjoined will continue to violate, Section 17(a)(2) of the Securities Act [15 U.S.C. § 77q(a)(2)].

THIRD CLAIM FOR RELIEF

Violations of Sections 5(a) and 5(c) of the Securities Act

[15 U.S.C. §§ 773(a) and 77e(c)]

Against all Defendants

37.

Plaintiff re-alleges and incorporates paragraphs 1-30 of this Complaint by

reference as if set forth verbatim in this Claim.

38.

By engaging in the acts and conduct alleged herein, Defendants, directly or

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indirectly:

a. made use of the means or instruments of transportation or communication in

interstate commerce or of the mails to sell, through the use or medium of any

prospectus or otherwise, securities as to which no registration statement was

in effect;

b. for the purpose of sale or delivery after sale, carried or caused to be carried

through the mails or in interstate commerce, by means or instruments of

transportation, securities as to which no registration statement was in effect;

and/or

c. made use of means or instruments of transportation or communication in

interstate commerce or of the mails to offer to sell, through the use or medium

of any prospectus or otherwise, securities as to which no registration statement

had been filed.

39.

There were no applicable exemptions from registration.

40.

By engaging in the conduct described above, Defendants have violated, and

unless restrained and enjoined will continue to violate, Sections 5(a) and 5(c) of the Securities

Act [15 U.S.C. §§ 77e(a) and (c)].

VI.

JURY DEMAND

41.

The SEC demands a trial by jury on all issues that may be so tried.

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VII.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully requests that the Court enter a Final

Judgment:

A.

Permanently restraining and enjoining Defendants from violating Sections 5(a),

5(c), and 17(a)(2) of the Securities Act [15 U.S.C. §§ 77e(a) and (c) and 77q(a)(2)] and Section

10(b) of the Exchange Act [15 U.S.C. § 78j(b)] and Rule 10b-5(b) thereunder [17 C.F.R. §

240.10b-5(b)];

B.

Restraining and enjoining Defendant Verdugo, for a period of five years, from,

directly or indirectly, including, but not limited to, through any entity owned or controlled by

him, participating in the issuance, purchase, offer, or sale of any security, provided, however,

that such injunction shall not prevent him from purchasing or selling securities for his own

personal account;

C.

Ordering Defendants to disgorge, on a joint-and-several basis, all ill-gotten gains

they received as a result of the conduct alleged herein, together with prejudgment interest on

those amounts, pursuant to Sections 21(d)(3), 21(d)(5) and 21(d)(7) of the Exchange Act [15

U.S.C. §§ 78u(d)(3), 78u(d)(5), and 78u(d)(7)];

D.

Ordering Defendant Verdugo to pay a civil penalty pursuant to Section 20(d) of

the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. §

78u(d)(3)]; and

E.

Granting such other and further relief as this Court may determine to be just and

necessary.

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Respectfully submitted,

/s/ Matthew J. Gulde

Illinois Bar No. 6272325

Securities and Exchange Commission

Burnett Plaza, Suite 1900

801 Cherry Street, Unit 18

Fort Worth, TX 76102

Telephone: (817) 978-3821

Facsimile: (817) 978-4927

guldem@sec.gov

Attorney for Plaintiff

Securities and Exchange Commission

15

JS 44 (Rev. 03/24)

Case 4:26-cv-02721

Document

1-1 Filed

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CIVIL COVER

SHEET

Page 1 of 1

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as

provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the

purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

AARON VERDUGO, VERDUGO ENTERPRIZES, LLC,

D/B/A BDAASWORX, AND BDAAS INC.

County of Residence of First Listed Defendant

Harris

SECURITIES AND EXCHANGE COMMISSION

(b) County of Residence of First Listed Plaintiff

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Matthew J. Gulde

801 Cherry St., Suite 1900, Fort Worth, TX 76102

(817) 978-3821

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)

✖

1

U.S. Government

Plaintiff

3

Federal Question

(U.S. Government Not a Party)

2

U.S. Government

Defendant

4

Diversity

(Indicate Citizenship of Parties in Item III)

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF

THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Alan Baskin, Esq., Weiss Brown

6263 N. Scottsdale Road, Suite 340, Scottsdale, AZ 85250

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

(For Diversity Cases Only)

PTF

Citizen of This State

1

2

2

Incorporated and Principal Place

of Business In Another State

5

5

Citizen or Subject of a

Foreign Country

3

3

Foreign Nation

6

6

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance

120 Marine

130 Miller Act

140 Negotiable Instrument

150 Recovery of Overpayment

& Enforcement of Judgment

151 Medicare Act

152 Recovery of Defaulted

Student Loans

(Excludes Veterans)

153 Recovery of Overpayment

of Veteran’s Benefits

160 Stockholders’ Suits

190 Other Contract

195 Contract Product Liability

196 Franchise

REAL PROPERTY

210 Land Condemnation

220 Foreclosure

230 Rent Lease & Ejectment

240 Torts to Land

245 Tort Product Liability

290 All Other Real Property

PERSONAL INJURY

310 Airplane

315 Airplane Product

Liability

320 Assault, Libel &

Slander

330 Federal Employers’

Liability

340 Marine

345 Marine Product

Liability

350 Motor Vehicle

355 Motor Vehicle

Product Liability

360 Other Personal

Injury

362 Personal Injury Medical Malpractice

CIVIL RIGHTS

440 Other Civil Rights

441 Voting

442 Employment

443 Housing/

Accommodations

445 Amer. w/Disabilities Employment

446 Amer. w/Disabilities Other

448 Education

and One Box for Defendant)

PTF

DEF

Incorporated or Principal Place

4

4

of Business In This State

Citizen of Another State

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT

DEF

1

PERSONAL INJURY

365 Personal Injury Product Liability

367 Health Care/

Pharmaceutical

Personal Injury

Product Liability

368 Asbestos Personal

Injury Product

Liability

PERSONAL PROPERTY

370 Other Fraud

371 Truth in Lending

380 Other Personal

Property Damage

385 Property Damage

Product Liability

PRISONER PETITIONS

Habeas Corpus:

463 Alien Detainee

510 Motions to Vacate

Sentence

530 General

535 Death Penalty

Other:

540 Mandamus & Other

550 Civil Rights

555 Prison Condition

560 Civil Detainee Conditions of

Confinement

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

625 Drug Related Seizure

of Property 21 USC 881

690 Other

422 Appeal 28 USC 158

423 Withdrawal

28 USC 157

INTELLECTUAL

PROPERTY RIGHTS

375 False Claims Act

376 Qui Tam (31 USC

3729(a))

400 State Reapportionment

410 Antitrust

430 Banks and Banking

450 Commerce

460 Deportation

470 Racketeer Influenced and

Corrupt Organizations

480 Consumer Credit

(15 USC 1681 or 1692)

485 Telephone Consumer

Protection Act

490 Cable/Sat TV

850 Securities/Commodities/

Exchange

890 Other Statutory Actions

891 Agricultural Acts

893 Environmental Matters

895 Freedom of Information

Act

896 Arbitration

899 Administrative Procedure

Act/Review or Appeal of

Agency Decision

950 Constitutionality of

State Statutes

LABOR

710 Fair Labor Standards

Act

720 Labor/Management

Relations

740 Railway Labor Act

751 Family and Medical

Leave Act

790 Other Labor Litigation

791 Employee Retirement

Income Security Act

IMMIGRATION

462 Naturalization Application

465 Other Immigration

Actions

820 Copyrights

830 Patent

835 Patent - Abbreviated

New Drug Application

840 Trademark

880 Defend Trade Secrets

Act of 2016

SOCIAL SECURITY

861 HIA (1395ff)

862 Black Lung (923)

863 DIWC/DIWW (405(g))

864 SSID Title XVI

865 RSI (405(g))

✖

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff

or Defendant)

871 IRS—Third Party

26 USC 7609

V. ORIGIN (Place an “X” in One Box Only)

✖

1 Original

Proceeding

2 Removed from

State Court

3

Remanded from

Appellate Court

4 Reinstated or

Reopened

5 Transferred from

Another District

(specify)

6 Multidistrict

Litigation Transfer

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

8 Multidistrict

Litigation Direct File

Sections 5(a), 5(c), & 17(a)(2) of the Securities Act & Section 10(b) of the Securities Exchange Act & Rule 10b-5 thereunder

VI. CAUSE OF ACTION Brief description of cause:

Securities Fraud

VII. REQUESTED IN

COMPLAINT:

VIII. RELATED CASE(S)

IF ANY

CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.

(See instructions):

CHECK YES only if demanded in complaint:

DEMAND $

JURY DEMAND:

JUDGE

DATE

SIGNATURE OF ATTORNEY OF RECORD

April 6, 2026

s/Matthew J. Gulde

DOCKET NUMBER

FOR OFFICE USE ONLY

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

✖

Yes

No

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Filed 04/06/26 in TXSD | Frix