Statement Summary
The U.S. Securities and Exchange Commission (SEC) has issued an order to Mark J. Boucher, currently incarcerated, to show cause by June 23, 2025, regarding his failure to respond to an order initiated against him in November 2024 under the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940. Boucher’s deadline to file an answer was previously extended to March 26, 2025, but he has not complied.
If he does not respond, he risks being deemed in default, which would allow the SEC to assume the allegations in the order are true and determine the proceeding against him without a public hearing. The SEC has laid out steps for Boucher to take if he wishes to defend himself, including delivering any submissions to the prison authorities for forwarding. A further motion for entry of default and sanctions will follow if he fails to respond.
Original Statement
UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 102999 / May 7, 2025
INVESTMENT ADVISERS ACT OF 1940
Release No. 6879 / May 7, 2025
Admin. Proc. File No. 3-22286
In the Matter of
MARK J. BOUCHER
ORDER TO SHOW CAUSE
On November 6, 2024, the Securities and Exchange Commission issued an order instituting proceedings under Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940 (“OIP”), against Mark J. Boucher, who is currently incarcerated. On February 24, 2025, the Commission issued an order extending Boucher’s time to file an answer to the OIP until March 26, 2025. As of the date of this order, Boucher has not filed an answer. The prehearing conference and the hearing are thus continued indefinitely.
Accordingly, Boucher is ORDERED to SHOW CAUSE by June 23, 2025, why he should not be deemed to be in default and why this proceeding should not be determined against him due to his failure to file an answer or otherwise to defend this proceeding. Boucher’s submission shall address the reasons for his failure to timely file an answer, and include a proposed answer to be accepted if the Commission does not deem him to be in default.
Note: Boucher shall deliver any response, including any answer, to the proper prison authorities no later than the due date, for forwarding to the Commission’s Office of the Secretary.
When a party is deemed to be in default, the allegations in the OIP may be deemed to be true and the Commission may determine the proceeding against that party upon consideration of the record without holding a public hearing. The OIP also informed Boucher if he did not file an answer he could be deemed to be in default and the proceedings determined against him.
If Boucher files a response to this order to show cause, the Division may file a reply within 28 days after its service. Otherwise, the Division shall file a motion for entry of an order of default and the imposition of remedial sanctions by July 21, 2025…
Boucher is reminded that he must serve the Division of Enforcement with a copy of any document that he files with the Office of the Secretary, and that he must include a certificate of service providing the details of that service with each such document.
Upon review of the filings in response to this order, the Commission will either direct further proceedings by subsequent order or issue a final opinion and order resolving the matter.
