United States District Court, C.D. California, Western Division
FINAL JUDGMENT AS TO DEFENDANT EDWARD JOSEPH
SANDERS
The
Securities and Exchange Commission having filed a Complaint
and 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 and except as
otherwise provided herein in paragraph VIII); 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
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.
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 HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant
is 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(a) and (c) promulgated
thereunder [17 C.F.R. § 240.10b-5(a) and (c)], 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; or
(b) to engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person.
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).
III.
IT IS
FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to
Section 21(d)(2) of the Exchange Act [15 U.S.C. §
78u(d)(2)] and Section 20(e) of the Securities Act [15 U.S.C.
§ 77t(e)], Defendant is prohibited, for five years
following the date of entry of this Final Judgment, from
acting as an officer or director of any issuer that has a
class of securities registered pursuant to Section 12 of the
Exchange Act [15 U.S.C. ...