Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Securities and Exchange Commission v. Nguyen

United States District Court, C.D. California

July 2, 2019

SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
v.
RICHARD VU NGUYEN, A/K/A NGUYEN THANH VU, and NTV FINANCIAL GROUP, INC., Defendants, and MAI DO, Relief Defendant.

          PRELIMINARY INJUNCTION AND ORDERS (1) FREEZING ASSETS; (2) REQUIRING ACCOUNTINGS; (3) PROHIBITING THE DESTRUCTION OF DOCUMENTS; (4) AND APPOINTING A PERMANENT RECEIVER

         This matter comes before the Court upon the Stipulation of Defendants Richard and Relief Defendant Mai Do, by and through their counsel Kien Le, and the court-appointed temporary receiver over Defendant NTV Financial Inc., Jeffrey E. Brandlin (“Receiver”), by and through his counsel, Kyra Andrassy, (collectively, “Defendants”), and the Stipulation of Plaintiff Securities and Exchange Commission (“SEC”) and Defendants to Entry of a Preliminary Injunction and a Continuation of Orders (1) Freezing Assets; (2) Requiring Accountings; (3) Prohibiting the Destruction of Documents; and (4) Appointing a Receiver.

         The Court, having previously issued a Temporary Restraining Order and Orders (1) Freezing Assets, (2) Requiring Accountings, (3) Prohibiting the Destruction of Documents, and (4) Granting Expedited Discovery; and having previously appointed Jeffrey E. Brandlin as a temporary receiver over Defendant NTV Financial Inc., and having considered the SEC's Complaint, TRO Application, the supporting Memorandum of Points and Authorities, the supporting declarations and exhibits, and any the other evidence and arguments presented to the Court, as well as the Consent and Stipulation filed by the parties, finds:

A. This Court has jurisdiction over the parties to, and the subject matter of, this action.
B. Defendants have consented and the Parties have stipulated to the entry of a preliminary injunction on the terms below.

         I.

         IT IS HEREBY ORDERED that the Parties' Stipulation to the Entry of a Preliminary Injunction and Orders Freezing Assets, Requiring Accountings, Prohibiting the Destruction of Documents, and Appointing a Permanent Receiver are GRANTED.

         II.

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants NTV Financial and Nguyen are preliminarily restrained and enjoined from violating, directly or indirectly, Section 10(b) of 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.

         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 Order by personal service or otherwise: (a) Defendants NTV Financial's and Nguyen's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with any of the Defendants NTV Financial and Nguyen or with anyone described in (a).

         III.

         IT IS FURTHER ORDERED that Defendants NTV Financial and Nguyen, 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).

         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 Order by personal service or otherwise: (a) Defendants NTV Financial's and Nguyen's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with any of the Defendants NTV Financial and Nguyen or with anyone described in (a).

         IV.

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants NTV Financial and Nguyen are ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.