DOLLY M. GEE, District Judge.
This matter came before the Court on consideration of Plaintiff Securities and Exchange Commission's motion pursuant to Rule 55(b) of the Federal Rules of Civil Procedure for default judgment against Defendants Fleet Mutual Wealth Limited and MWF Financial Limited, d/b/a Mutual Wealth (collectively, "Defendants") and against Relief Defendants Risort Partners, Inc., Hullstar Capital LLP, Camber Alliance LLP, Kimrod Estate LLP, and Midlcorp Trade Ltd. (collectively, "Relief Defendants"). [Doc. # 40.] The Court granted Plaintiff's motion for default judgment on August 21, 2014. [Doc. # 44.]
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:
Judgment is ENTERED in favor of the Commission and against all Defendants and Relief Defendants.
Defendants and their 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, are hereby permanently restrained and enjoined from, directly or indirectly, in the absence of any applicable exemption:
in violation of Section 5 of the Securities Act, 15 U.S.C. § 77e.
Defendants and their 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, are hereby 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:
in violation of Section 17(a) of the Securities Act, 15 U.S.C. § 77q(a).
Defendants and their 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, are hereby permanently restrained and enjoined from, directly or indirectly, in connection with the purchase or sale of any security, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange:
in violation of Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, 17 C.F.R. § 240.10b-5.
The websites www.mutualwealth.com and www.mutualinvestment.net shall be permanently deactivated. Defendants and their officers, agents, servants, employees, attorneys, subsidiaries and affiliates, and those persons in active concert with them, who receive actual notice of this Order, by personal service or otherwise, are directed to deactivate the www.mutualwealth.com and www.mutualinvestment.net websites so that they are not viewable by any Internet users. Defendants shall not substantially duplicate elsewhere on the Internet the content of www.mutualwealth.com or www.mutualinvestment.net.
Defendants and Relief Defendants shall pay disgorgement of ill-gotten gains and prejudgment interest in the following amounts:
Defendants and Relief Defendants shall satisfy these obligations by paying the full amount of net disgorgement and prejudgment interest within ten business days after entry of this Final Judgment by certified check, bank cashier's check, or United States postal money order payable to the Securities and Exchange Commission. The payment shall be delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, 100 F Street, NE, Stop 6042, Washington, DC 20549, and shall be accompanied by a letter identifying the Defendant or Relief Defendant making such payment as a party to this action, setting forth the title and civil action number of this action and the name of this Court, and specifying that payment is made pursuant to this Judgment. Defendants and Relief Defendants shall simultaneously mail a copy of the letter and payment to Melissa Armstrong, 100 F Street, NE, Stop 5985, Washington, DC 20549. Defendants and Relief Defendants shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.
Fleet Mutual Wealth Limited and MWF Financial Limited, d/b/a Mutual Wealth, collectively, shall pay a civil penalty in the amount of $2,325,000, pursuant to Section 20(d) of the Securities Act, 15 U.S.C. § 77t(d), and Section 21(d) of the Exchange Act, 15 U.S.C. § 78u(d). Defendants shall make this payment within ten business days after entry of this Judgment by certified check, bank cashier's check, or United States postal money order payable to the Securities and Exchange Commission. The payment shall be delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, 100 F Street, NE, Stop 6042, Washington, DC 20549, and shall be accompanied by a letter identifying the Defendant making such payment as a party to this action, setting forth the title and civil action number of this action and the name of this Court, and specifying that payment is made pursuant to this Judgment. Defendants shall simultaneously mail a copy of the letter and payment to Melissa Armstrong, 100 F Street, NE, Stop 5985, Washington, DC 20549. Defendants shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. The Commission shall remit the funds paid pursuant to this paragraph to the United States Treasury.
This Court shall retain jurisdiction of this matter for purposes of enforcing the terms of this Judgment.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Judgment forthwith and without further notice.
This Judgment disposes of all parties legally before the Court and of all issues made by the pleadings between such parties and is immediately final and appealable.