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Securities and Exchange Commission v. Alvin R. Brown

April 10, 2013

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
ALVIN R. BROWN, FIRST CHOICE INVESTMENT, INC., AND
ADVANCED CORPORATE ENTERPRISES, INC. D/B/A A-CORP ENTRPRISES A/K/A ACORP DEVELOPMENT A/K/A A-CORP INVESTMENT, DEFENDANTS.



The opinion of the court was delivered by: Hon. Audrey B. Collins United States District Judge

[PROPOSED] PRELIMINARY INJUNCTION

This matter came before the Court upon Plaintiff Securities and Exchange Commission's Ex Parte Application for a Temporary Restraining Order and Order To Show Cause Why a Preliminary Injunction Should Not Be Granted (the "TRO Application").

The Court, having considered the Commission's Complaint, the TRO Application, the supporting Memorandum of Points and Authorities, the supporting declarations and exhibits, and the other evidence and argument presented to the Court, finds that:

A. This Court has jurisdiction over the parties to, and the subject matter of, this action.

B. Good cause exists to believe that Defendants Alvin R. Brown ("Brown"), First Choice Investment, Inc. ("First Choice") and Advanced Corporate Enterprises, Inc. (d/b/a A-Corp Enterprises, a/k/a ACorp Development a/k/a A-Corp Investment) ("ACorp") and each of them (collectively "Defendants"), have engaged in, are engaging in, and are about to engage in transactions, acts, practices and courses of business that constitute violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 ("Securities Act"), 15 U.S.C. § 77e(a), 77e(c), 77q(a), and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, 17 C.F.R. § 240.10b-5.

C. The Commission has demonstrated (1) a prima facie case that one or more violations of the securities laws has occurred and (2) a reasonable likelihood that the violations will be repeated.

D. Defendant Brown has consented to the entry of a preliminary injunction and does not contest the appointment of permanent receiver.

I.

IT IS HEREBY ORDERED that the Commission's application for a preliminary injunction is GRANTED.

II.

IT IS FURTHER ORDERED that Brown, First Choice, and ACorp, and their officers, agents, servants, employees, attorneys, subsidiaries 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 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 for the purpose of sale or for delivery after sale; or

C. making use of any means or instruments of transportation or communication in interstate commerce or of the mails to offer to sell or offer to buy through the use or medium of any prospectus or otherwise any security, unless a registration statement has been filed with the Commission as to such security, or while the registration statement is the subject of a refusal order or stop order or (prior to the effective date of the registration statement) any public proceeding or examination under Section 8 of the Securities Act, 15 U.S.C. § 77h.

in violation of Section 5 of the Securities Act, 15 U.S.C. § 77e.

III.

IT IS FURTHER ORDERED that Defendants Brown, First Choice, and ACorp, and their officers, agents, servants, employees, attorneys, subsidiaries 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 Securities Act, 15 U.S.C. § 77q(a).

IV.

IT IS FURTHER ORDERED that Defendants Brown, First Choice, and ACorp, and their officers, agents, servants, employees, attorneys, subsidiaries 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 connection with the purchase or sale of any security, by the use of ...


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