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John Fernandez, Avail Progression, LLC, and Elite Generators, LLC
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CLASS ACTION JX-SEC-LR-26539Opened AUG 21 2026Quick look

John Fernandez, Avail Progression, LLC, and Elite Generators, LLC

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Stage 5 of 7 · Filed
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No reply on file from John Fernandez, Avail Progression, LLC, and Elite Generators, LLC on this matter.

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APR 24 '26GovJohn Fernandez, Avail Progression, LLC, and Elite Generators, LLCSEC
Filing

U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 26539 / April 24, 2026 Securities and Exchange Commission v. John Fernandez, et al. , No. 4:22-cv-04365 (S.D. Tex. filed Dec. 16, 2022) SEC Obtains Final Judgment as to Defendants Charged in Forex Offering Fraud On April 14, 2026, the United States District Court for the Southern District of Texas entered a final judgment as to John Fernandez and two companies he controlled, Avail Progression, LLC and Elite Generators, LLC, in connection with the SEC’s civil enforcement action against them. According to the SEC’s complaint, filed on December 16, 2022, Fernandez promised to pay investors guaranteed returns by trading their funds in the forex markets. However, the complaint alleges that instead of trading investors’ money as promised, Fernandez used the majority of the investor funds to make Ponzi payments and for his own personal expenses. The final judgment, which follows the Court entering bifurcated judgments as to the defendants on April 19, 2023 and granting the SEC’s motion for monetary relief on March 30, 2026, permanently enjoins Fernandez, Avail Progression, and Elite Generators from violating Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder; permanently enjoins Fernandez from participating in the issuance, offer, purchase or sale of any security except for purchases or sales for his own personal accounts; and prohibits Fernandez from acting as an officer or director of a public company. In addition, the final judgment orders the defendants to pay disgorgement in the amount of $5,002,383.00 and prejudgment interest in the amount of $1,626,707.93, on a joint and several basis, and orders Fernandez to pay a civil penalty in the amount of $472,902.00. The SEC’s investigation was conducted by Jillian Harris and Carol Hahn of the SEC’s Fort Worth Regional Office. The SEC’s litigation was led by Tyson M. Lies and Matthew J. Gulde and supervised by Keefe Bernstein. Resources <ul class="field

Entered on the record AUG 21 2026Occurred APR 24 2026Producer: SEChttps://www.sec.gov/enforcement-litigation/litigation-releases/lr-26539Entered by fnulnu
On the record
Crime

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Statutes

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Place
Texas

"Tex. filed Dec. 16, 2022) SEC Obtains Final Judgment as to Defendants Charged in Forex Offering Fraud On April 14, 2026, the United States District Court for the Southern District of Texas entered a final judgment as to John Fernandez and two companies he controlled, Avail Progression, LLC and Elite Generators, LLC, in connection with the SEC’s civil enforcement action against them."

Status
Case 4:22-cv-04365

"John Fernandez, et al. , No. 4:22-cv-04365 (S.D."

Parties

No parties on the record yet.

Amounts
$472,902 Penalty

"In addition, the final judgment orders the defendants to pay disgorgement in the amount of $5,002,383.00 and prejudgment interest in the amount of $1,626,707.93, on a joint and several basis, and orders Fernandez to pay a civil penalty in the amount of $472,902.00."