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Securities and Exchange Commission v. Diversity Capital Investments

May 26, 2010

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
DIVERSITY CAPITAL INVESTMENTS, INC.; DIVERSITY CAPITAL BANCORP DE MEXICO LTD.; STRONG'S CAPITAL INVESTMENTS, INC.; THE OPTIMUS FUND, INC.; DAMIAN MENESES; EDWARD LANTZ FERGUSON, AND JOEL S. LEY, JR. DEFENDANTS, AND JUAN GALINDO FLORES AND SOCORRO TERLIZZI, RELIEF DEFENDANTS.



The opinion of the court was delivered by: Honorable Otis D. Wright II United States District Judge

AMENDED FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANTS DIVERSITY CAPITAL BANCORP DE MEXICO LTD., STRONG'S CAPITAL INVESTMENTS, INC., THE OPTIMUS FUND, INC., DAMIAN MENESES, AND JOEL S. LEY, JR., AND RELIEF DEFENDANT SOCORRO TERLIZZI

Plaintiff Securities and Exchange Commission ("Commission") filed a Motion for Entry of Final Judgment by Default Against Defendants Diversity Capital Bancorp de Mexico Ltd. ("DCBM"), Strong's Capital Investments, Inc. ("Strong's"), The Optimus Fund, Inc. ("Optimus"), Damian Meneses ("Meneses"), and Joel S. Ley, Jr. ("Ley"), and Relief Defendant Socorro Terlizzi ("Terlizzi") ("Motion for Final Judgment"), pursuant to Rule 55 of the Federal Rules of Civil Procedure. The Court, having considered the Commission's Motion, the memorandum of points and authorities and supplemental memorandum of points and authorities filed in support of the Motion, the declarations, and all other documents filed in support of the Motion, and all other evidence and argument presented regarding the Motion, finds that:

I. IT IS ORDERED that the Commission's Motion for Final Judgment against defendants DCBM, Strong's, Optimus, Meneses, and Ley, and relief defendant Terlizzi, is hereby GRANTED.

II. IT IS HEREBY FURTHER ORDERED that defendants DCBM, Strong's, Optimus, Meneses, and Ley, and their 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.

III. IT IS HEREBY FURTHER ORDERED that defendants DCBM, Strong's, Optimus, Meneses, and Ley, and their 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 of 1933 (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.

IV. IT IS HEREBY FURTHER ORDERED that defendants DCBM, Strong's, Optimus, Meneses, and Ley, and their 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 Sections 5(a) and 5(c) of the Securities Act, 15 U.S.C. § 77e, by, directly or indirectly, in the absence of any applicable exemption:

(a) Unless a registration statement is in effect as to a security, making use of any means or instruments of transportation or communication in interstate commerce or of the mails to sell such security through the use or medium of any prospectus or otherwise;

(b) Unless a registration statement is in effect as to a security, carrying or causing to be carried through the mails or in interstate commerce, by any means or instruments of transportation, any such security ...


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