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Securities and Exchange Commission v. Ladp Acquisition

August 30, 2011

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
LADP ACQUISITION, INC.; WILLIAM A. GOLDSTEIN AND MARC E. BERCOON, DEFENDANTS.



The opinion of the court was delivered by: Honorable R. Gary Klausner United States District Judge

ORDER GRANTING MOTION BY PLAINTIFF SECURITIES AND EXCHANGE COMMISSION FOR SUMMARY JUDGMENT AND FINAL JUDGMENT AS TO DEFENDANTS LADP ACQUISITION, INC.; WILLIAM A. GOLDSTEIN AND MARC E. BERCOON

This matter having come before the Court on Plaintiff Securities and Exchange Commission's Motion For Summary Judgment As To Disgorgement And Civil Penalties Against Defendants LADP Acquisition, Inc., William A. Goldstein, And Marc E. Bercoon; the Defendants previously having admitted the Court's jurisdiction over each of them and over the subject matter of this action and consented to the entry of a Judgment Of Permanent Injunction And Other Relief as to each of them, which Judgments were entered as to each of the Defendants (Docket Nos. 52-54); and the Court having considered the motion by the Securities and Exchange Commission ("Commission"), and all papers and arguments submitted regarding that motion:

I.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Commission's Motion For Summary Judgment As To Disgorgement And Penalties Against Defendants LADP Acquisition, Inc., William A. Goldstein, And Marc E. Bercoon is GRANTED.

II.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendants and Defendants' officers, agents, servants, employees, attorneys-in-fact, 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 FURTHER ORDERED, ADJUDGED AND DECREED that Defendants and Defendants' officers, agents, servants, employees, attorneys-in-fact, 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 FURTHER ORDERED, ADJUDGED AND DECREED that Defendants and Defendants' officers, agents, servants, employees, attorneys-in-fact, 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 5 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 ...


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