Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Securities and Exchange Commission v. Ainsworth

April 21, 2010

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
KEDERIO AINSWORTH, GUILLERMO HARO, JESUS GUTIERREZ, GABRIEL PAREDES AND ANGEL ROMO, DEFENDANTS.



The opinion of the court was delivered by: Honorable Virginia A. Phillips United States District Judge

FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST JESUS GUTIERREZ

The Securities and Exchange Commission (the "Commission") filed a Complaint (Docket #1) against Jesus Gutierrez ("Gutierrez" or the "Defendant") and others on October 3, 2008. Gutierrez, through counsel, filed an Answer to the Complaint on December 2, 2008 (Docket #14). On or about April 21, 2009, the parties participated in an early settlement conference with Attorney Settlement Officer Robert H. Logan in Riverside, California (Docket #s 26 and 29). Pursuant to the Court's Civil Trial Scheduling Order (Docket # 36), the parties participated in a second settlement conference with Attorney Settlement Officer Robert H. Logan (Docket # 41). Gutierrez consented to entry of this Final Judgment on January 20, 2010, without admitting or denying the allegations of the Complaint (except as to personal and subject matter jurisdiction, which Gutierrez admits). Based on the foregoing, the Court orders as follows:

I.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, 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 Securities Exchange Act of 1934 (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:

(a) to employ any device, scheme, or artifice to defraud;

(b) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or

(c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

II.

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, 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 Section 17(a) of the Securities Act [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly:

(a) to employ any device, scheme, or artifice to defraud;

(b) to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or

(c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.

III.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant, and Defendant's agents, servants, employees, 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 Section 17(a) of the Exchange Act [15 U.S.C. § 78q] and Rules 17-a3(a)(6) and 17-a3(a)(17) [17 C.F.R. §§ 240.17a-3(a)(6) and 17a-3(a)(17)] promulgated ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.