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Securities and Exchange Commission v. Nguyen

United States District Court, C.D. California

September 25, 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.

          DOUGLAS M. MILLER, KELLY C. BOWERS, Attorneys for Plaintiff Securities and Exchange Commission Michele Wein Layne, Regional Director Amy J. Longo, Regional Trial Counsel

          [PROPOSED] JUDGMENT AS TO DEFENDANT NTV FINANCIAL, INC.

         The Securities arid Exchange Commission having filed a Complaint and Defendant NTV Financial, Inc. having entered a general appearance through the court-appointed receiver, Jeffrey Brandlin; having 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); 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 NTV Financial is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (“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 arty 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) Defendant NTV Financial's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant NTV Financial or with anyone described in (a).

         II.

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant NTV Financial and its 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 permanently 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 of 1933 ("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) Defendant NTV Financial's officers, agents, servants, employees, and attorneys; and (b) other persons in ...


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