The opinion of the court was delivered by: The Hon. S. James Otero United States District Judge
PRELIMINARY INJUNCTION AND ORDERS:
(3)PROHIBITING THE DESTRUCTION OF DOCUMENTS;
(4) GRANTING EXPEDITED DISCOVERY
Whereas this matter came to be heard upon the Ex Parte Application of Plaintiff Securities and Exchange Commission ("Commission") for a Temporary Restraining Order And Orders: (1) Freezing Assets, (2) Requiring Accountings,
(3) Prohibiting The Destruction Of Documents, (4) Granting Expedited Discovery; And Order To Show Cause Re Preliminary Injunction (the "Application"). On April 17, 2012, the court granted Commission's Application and ordered the defendant to show cause why a preliminary injunction should not be granted.
Whereas the parties entered into a Stipulation Regarding Preliminary Injunction And Orders: (1) Freezing Assets; (2) Requiring Accountings; (3) Prohibiting The Destruction Of Documents; (4) Granting Expedited Discovery; Whereas this Court has jurisdiction over the parties to, and the subject matter of this action;
IT IS HEREBY ORDERED that Defendant, and his agents, servants, employees, attorneys, and affiliates, and those persons in active concert or participation with any of them, who receive actual notice of this Order, by personal service or otherwise, and each of them, be and hereby are preliminarily restrained and enjoined from, directly or indirectly, in the offer or sale of any securities, by the use of any means or instruments of transportation or communication in interstate commerce or by the use of the mails:
A. employing any device, scheme or artifice to defraud;
B. obtaining money or property by means of any untrue statement of a material fact or any omission to state 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. engaging in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser; in violation of Section 17(a) of the ...