United States District Court, C.D. California, Southern Division
FINAL JUDGMENT AS TO DANIEL B. VAZQUEZ, SR.
HON.
CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE
JUDGMENT
AS TO DEFENDANT DANIEL B. VAZQUEZ, SR.
This
cause came before the Court upon Plaintiff Securities and
Exchange Commission's (“SEC”) Motion for
Entry of Default Judgment (“Motion”) against
Defendant Daniel B. Vazquez, Sr. (“Vazquez”).
Having considered the SEC's Complaint, the Motion, the
supporting Memorandum of Points and Authorities, the
supporting declarations and exhibits, and the other evidence
and argument presented to the Court, the SEC's Motion is
GRANTED.
I.
IT IS
HEREBY ORDERED, ADJUDGED, AND DECREED that Vazquez 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 Vazquez
is permanently restrained and enjoined from violating,
directly or indirectly, 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) ...