United States District Court, C.D. California
CHRISTINE NESTOR, Attorney for Plaintiff
LOCAL
COUNSEL DONALD W. SEARLES
JUDGMENT AS TO DEFENDANT FRITTS FINANCIAL,
LLC
FERNANDO M. OLGUIN UNITED STATES DISTRICT JUDGE
The
Securities and Exchange Commission having filed a First
Amended Complaint and Defendant Fritts Financial, LLC
(“Defendant” or “Fritts Financial”)
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
without admitting or denying the allegations of the First
Amended Complaint (except as to jurisdiction); waived
findings of fact and conclusions of law; and waived any right
to appeal from this Judgment:
I.
PERMANENT
INJUNCTIVE RELIEF
A.
Section
5 of the Securities Act of 1933 (“Securities
Act”)
IT
IS HEREBY ORDERED, ADJUDGED, AND DECREED that
Defendant is permanently restrained and enjoined from
violating Section 5 of the Securities Act [15 U.S.C. §
77e] by, directly or indirectly, in the absence of any
applicable exemption:
(a) Unless a registration statement is in effect as to a
security, making use of any means or instruments of
transportation or communication in interstate commerce or of
the mails to sell such security through the use or medium of
any prospectus or otherwise;
(b) Unless a registration statement is in effect as to a
security, carrying or causing to be carried through the mails
or in interstate commerce, by any means or instruments of
transportation, any such security for the purpose of sale or
for delivery after sale; or
(c) Making use of any means or instruments of transportation
or communication in interstate commerce or of the mails to
offer to sell or offer to buy through the use or medium of
any prospectus or otherwise any security, unless a
registration statement has been filed with the Commission as
to such security, or while the registration statement is the
subject of a refusal order or stop order or (prior to the
effective date of the registration statement) any public
proceeding or examination under Section 8 of the Securities
Act [15 U.S.C. § 77h].
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).
B.
Section 15(a)(1) of the Securities Exchange Act of 1934
...