Filed: May 20, 2016
Latest Update: May 20, 2016
Summary: JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT SAMUEL BRASLAU OTIS D. WRIGHT , District Judge . Plaintiff Securities and Exchange Commission ("SEC") having filed a Complaint and defendant Samuel Braslau ("Braslau") having entered a general appearance; the SEC having filed a motion for summary judgment as to liability and non-monetary relief against Braslau; and the Court having granted the SEC's motion for summary judgment, after having fully considered all evidence, pa
Summary: JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT SAMUEL BRASLAU OTIS D. WRIGHT , District Judge . Plaintiff Securities and Exchange Commission ("SEC") having filed a Complaint and defendant Samuel Braslau ("Braslau") having entered a general appearance; the SEC having filed a motion for summary judgment as to liability and non-monetary relief against Braslau; and the Court having granted the SEC's motion for summary judgment, after having fully considered all evidence, pap..
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JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT SAMUEL BRASLAU
OTIS D. WRIGHT, District Judge.
Plaintiff Securities and Exchange Commission ("SEC") having filed a Complaint and defendant Samuel Braslau ("Braslau") having entered a general appearance; the SEC having filed a motion for summary judgment as to liability and non-monetary relief against Braslau; and the Court having granted the SEC's motion for summary judgment, after having fully considered all evidence, papers and arguments presented by the parties:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Braslau and Braslau's agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Judgment by personal service or otherwise are 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.
II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Braslau and Braslau's agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Judgment by personal service or otherwise are 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.
III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Judgment or any final judgment.
IV.
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.
