On November 10, 2005, the jury returned a verdict finding that
Defendant Franklin violated the anti-fraud provisions of Section
17(a) of the Securities Act and Section 10(b) of the Exchange Act
and Rule 10b-5 thereunder with respect to seven stocks and
Defendant Wolanyk violated the anti-fraud provisions of Section
17(a) of the Securities Act and Section 10(b) of the Exchange Act
and Rule 10b-5 thereunder with respect to thirteen stocks. The
jury also found that Defendant Franklin violated the anti-touting
provision of Section 17(b) of the Securities Act with respect to
two stocks and that Defendant Wolanyk violated the anti-touting
provision of Section 17(b) of the Securities Act with respect to
one stock. The jury further found Defendant Franklin liable for
violations of the registration provisions of Sections 5(a) and
5(c) of the Securities Act with respect to one stock, and liable
for violations of Section 10(b) of the Exchange Act and Rule
10b-5 thereunder as a control person of Defendants Net Income and
Vector Keel, pursuant to Section 20(a) of the Exchange Act. Based on the jury's verdict, Defendant Franklin's stipulation
to being a controlling person of Defendant IPO Consultants and
Defendant Avalon Trust, the entire record in this case, and the
post-trial proceeding on November 15, 2005:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT Defendants
Franklin and Wolanyk, their agents, servants and employees, and
attorneys, and all persons in active concert or participation
with them who receive actual notice of this Final Judgment by
personal service or otherwise, are permanently restrained and
enjoined from violating, directly or indirectly, Section 10(b) of
the Exchange Act [15 U.S.C. § 78j(b)] and Rule 10b-5, promulgated
thereunder [17 C.F.R. § 240.10b-5], by using any means or
instrumentality of interstate commerce, or of the mails, or of
any facility of any national securities exchange, in connection
with the purchase or sale of any security: