United States District Court, C.D. California, Western Division
[PROPOSED] FINAL JUDGMENT AS
TO DEFENDANT DANIEL ADAMS
FERNANDO M. OLGUIN UNITED STATES DISTRICT JUDGE.
The
Securities and Exchange Commission (the
“Commission”) having filed a Complaint and
Defendant Daniel Adams (“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 VII); 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, 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 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
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 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) ...