Consent Agreement and Order Regarding Black Diamond Wealth Management, LLC

COMMONWEALTHOFPENNSYLVANIAZ02:JDEC 23 Pii 2: 11: DEPARTMENT OF BANKING AND SECURITIES 1· 1 ,'\ Ut::);\ii"rt·:~:nT UI· '"·'"'''' ':•1 I' ''Ii)!;'.: '(". \I , , 1', '' '~I ; ' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF BANKING AND SECURITIES, BUREAU OF SECURITIES COMPLIANCE AND EXAMINATIONS Docket No. : 230033 (SEC-OSC) v. BLACK DIAMOND WEALTH MANAGEMENT, LLC1 CHRISTOPHER R. BUCKLEY CONSENT AGREEMENT AND ORDER The Commonwealth of Pennsylvania, acting through the Department of Banking and Securities ("Department"), Bureau of Securities Compliance and Examinations ("Bureau"), has conducted an investigation of the business practices of Black Diamond Wealth Management, LLC ("BDWM") and its officers and employees. Based on the results of its investigation, the Bureau has concluded that BDWM has operated in violation of the Pennsylvania Securities Act of 1972, 70 P.S. § 1-101 et seq. ("1972 Act"). BDWM, in lieu of litigation, and without admitting or denying the allegations herein, and intending to be legally bound, hereby agrees to the terms of this Consent Agreement and Order ("Order"). BACKGROUND

1. The Department is the Commonwealth of Pennsylvania's administrative agency authorized and empowered to administer and enforce the 1972 Act. 1 This Consent Agreement Order is only applicable to Black Diamond Wealth Management. 1

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RELIEF 7. BDWM shall pay the Department an administrative assessment in the amount of $49,000.00. Payment shall be made by certified check or money order made payable to the "Department of Banking and Securities" and shall be mailed or delivered in person to the Bureau of Securities Compliance and Examinations located at 17N. Second Street, Suite 1300, Harrisburg, Pennsylvania 17l01. The assessment shall be paid as follows: a. $6,125.00 on or before February 1, 2024; b. $6,125.00 on or before May 1, 2024; c. $6,125.00 on or before August 1, 2024; d. $6,125.00 on or before November 1, 2024; e. $6,125.00 on or before February 1, 2025; f. $6,125.00 on or before May 1, 2025; g. $6,125.00 on or before August 1, 2025; and h. $6,125.00 on or before November 1, 2025. 7. This Order is not intended to indicate that BDWM or any of its affiliates or current or former employees should be subject to any disqualification contained in the federal securities laws, the rules and regulations thereunder, the rules and regulations of self-regulatory organizations or various states' securities laws, including the provisions of the 1972 Act and regulations promulgated thereunder; and any disqualification from relying upon the registration exemptions or safe harbor provisions, and this Order is not intended to form the basis of any such disqualification. 8. BDWM is ORDERED to comply with the 1972 Act, and Regulations adopted by the Depaiiment, and in particular Section 305(a)(v) of the 1972 Act, 70 P.S. § l-305(a)(v). 3

9. Should BDWM fail to pay the assessment as set forth in paragraph 6 above, the sanctions set forth elsewhere in the Order shall continue in full force and effect until full payment is made. However, this provision shall not be construed as affording BDWM the option of either paying the assessment or being indefinitely subject to the sanctions. I 0. Should BDWM fail to comply with any and/or all provisions of this Order, the Department may impose additional sanctions and costs and seek other appropriate relief subject to BDWM's right to a hearing pursuant to the 1972 Act. FURTHER PROVISIONS

10. Consent. BDWM hereby knowingly, willingly, voluntarily and irrevocably consents to the entry of this Order pursuant to the Bureau's authority under the 1972 Act and agrees that it understands all of the terms and conditions contained herein. BDWM, by voluntarily entering into this Order, waives any right to a hearing or appeal concerning the terms, conditions, and/or penalties set forth in this Order.

11. Entire Agreement. This Order contains the entire agreement between the Department and BDWM. There are no other terms, obligations, covenants, representations, statements, conditions, or othe1wise, of any kind whatsoever concerning this Order. This Order may be amended in writing by mutual agreement by the Department and BDWM.

12. Binding Nature. The Department, BDWM, and all officers, owners, directors, employees, heirs and assigns of BDWM intend to be and are legally bound by the terms of this Order.

13. Counsel. This Order is entered into by the parties upon full opportunity for legal advice from legal counsel. 4

14. Effectiveness. BDWM hereby stipulates and agrees that the Order shall become effective on the date the Bureau executes the Order ("Effective Date").

15. Other Enforcement Action. (a) The Department reserves all of its rights, duties, and authority to enforce all statutes, rules, and regulations under its jurisdiction against BDWM in the future regarding all matters not resolved by this Order. (b) BDWM acknowledges and agrees that this Order is only binding upon the Department and not any other local, state or federal agency, department, or office regarding matters within this Order.

16. Authorization. The parties below are authorized to execute this Order and legally bind their respective parties.

17. Counterparts. This Order may be executed in separate counterparts, by facsimile and/or by PDF.

18. Titles. The titles used to identify the paragraphs of this document are for the convenience of reference only and do not control the interpretation of this document.

19. Finding. The Department finds that it is necessary and appropriate in the public interest and for the protection of investors, and consistent with the purposes fairly intended by the policy and provisions of the 1972 Act to issue this Order. 5

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