Boucher

BACKGROUND

25 This case arises out of an alleged fraudulent scheme by a professional investment 26 advisor, Defendant Boucher, and his investment advisory firm, Defendant SWAG, to 27 misappropriate over $2 million from three clients. (See Compl., ECF No. 1, at ¶¶ 4–12.) 28 On August 25, 2020, the Securities and Exchange Commission (“SEC”) filed a civil complaint charging Defendants with violating several antifraud provisions under the Securities Act of 1933 and the Securities Exchange Act of 1934. (See Compl., ECF No. 1.) Defendants filed an answer on November 9, 2020. (ECF No. 5.) On December 28, 2020, the United States, through the U.S. Attorney’s Office for the Southern District of California (USAO), moved to intervene and to stay proceedings. (ECF No. 15.) The Court granted the former and denied the latter motion, both of which were opposed by the Defendants. (ECF No. 16.) The parties then conducted discovery, overseen by Judge Michael S. Berg. (See ECF No. 13.) Defendant Mark J. Boucher was criminally indicted on October 5, 2021, based on the same factual allegations as in the instant case. (ECF No. 33 at 3.) …