United States District Court, E.D. California
THOMAS
BEDNAR DEAN M. CONWAY Counsel for Service Attorneys for
Plaintiff Securities and Exchange Commission
JUDGMENT OF PERMANENT INJUNCTION AS TO DEFENDANT
JOSEPH W. BAYLISS
MORRISON C. ENGLAND UNITED STATES DISTRICT JUDGE
The
Securities and Exchange Commission having filed a Complaint
and Defendant Joseph W. Bayliss (“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 Judgment;
waived findings of fact and conclusions of law; and waived
any right to appeal from this Judgment:
I.
IT IS
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 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 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
HEREBY FURTHER 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 ...