United States District Court, C.D. California, Western Division
FINAL JUDGMENT AS TO DEFENDANT JAMMIN' JAVA
CORP.
The
Securities and Exchange Commission having filed a Complaint
and Defendant Jammin' Java Corp. ("Defendant")
having entered a general appearance; consented to the
Court's jurisdiction over Defendant and the subject
matter of this action; consented to entry of this Final
Judgment without admitting or denying the allegations of the
Complaint (except as to jurisdiction); waived findings of
fact and conclusions of law; and waived any right to appeal
from this Final Judgment:
I.
IT IS
HEREBY Ordered, Adjudged, And Decreed that Defendant is
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 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].
IT IS
FURTHER Ordered, Adjudged, And Decreed that, as provided in
Federal Rule of Civil Procedure 65(d)(2), the foregoing
paragraph also binds the following who receive actual notice
of this Final Judgment by personal service or otherwise: (a)
Defendant's officers, agents, servants, employees, and
attorneys; and (b) other persons in active concert or
participation with Defendant or with anyone described in (a).
II.
IT IS
FURTHER Ordered, Adjudged, and Decreed that Defendant is
liable for disgorgement of $605, 330.73, representing funds
received as a result of the conduct alleged in the Complaint,
together with prejudgment interest thereon in the amount of
$94, 669.27. Defendant shall satisfy this obligation by
paying $700, 000 to the Securities and Exchange Commission
pursuant to the terms of the payment schedule set forth in
paragraph III below.
Defendant
may transmit payment electronically to the Commission, which
will provide detailed ACH transfer/Fedwire instructions upon
request. Payment may also be made directly from a bank
account via Pay.gov through the SEC website at
http://www.sec.gov/about/offices/ofm.htm. Defendant
may also pay by certified check, bank cashier's check, or
United States postal money order payable to the Securities
and Exchange Commission, which shall be delivered or mailed
to
Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur ...