Securities and Exchange Commission v. Ahmad Haris Tajyar et al

Filing 110

FINAL JUDGMENT AGAINST DEFENDANT OMAR AHMAD TAJYAR by Judge John F. Walter. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, attorneys, and all persons in active concert or participation wi th them who receive actual notice of this Judgment by personal service or otherwise are permanently restrained and enjoined. FURTHER ORDERED, ADJUDGED, AND DECREED that the Commissions claims for disgorgement, prejudgment interest, and a civil penalty are dismissed. FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Judgment Related to: Stipulation for Order 108 . (jp)

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JOHN B. BULGOZDY, Cal. Bar No. 219897
Email: [e-mail]
WILLIAM S. FISKE, Cal. Bar No. 123071
Email: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Associate Regional Director
John W. Berry, Regional Trial Counsel
5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

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v.
AHMAD HARIS TAJYAR,
ZACHARY W. R. BRYANT,
OMAR AHMAD TAJYAR, and
VISPI B. SHROFF,
Defendants,

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and
DIONYSUS CAPITAL, LP,
Relief Defendant.

Case No. CV 09-03988 JFW (PJWx)
FINAL JUDGMENT AGAINST
DEFENDANT OMAR AHMAD
TAJYAR

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The Securities and Exchange Commission having filed a Complaint and

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Defendant Omar Ahmad Tajyar having previously consented to a judgment of

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permanent injunction, and the Commission having stipulated to dismissal of its

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claims for disgorgement, prejudgment interest, and a civil penalty:
I.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant

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and Defendant’s agents, servants, employees, attorneys, and all persons in active

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concert or participation with them who receive actual notice of this Judgment by

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personal service or otherwise are permanently restrained and enjoined from

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violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of

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1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder,

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17 C.F.R. § 240.10b-5, by using any means or instrumentality of interstate

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commerce, or of the mails, or of any facility of any national securities exchange, in

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connection with the purchase or sale of any security:

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(a)

to employ any device, scheme, or artifice to defraud;

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(b)

to make any untrue statement of a material fact or to omit to state a

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material fact necessary in order to make the statements made, in the

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light of the circumstances under which they were made, not

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misleading; or

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(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

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Defendant and Defendant’s agents, servants, employees, attorneys, and all persons

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in active concert or participation with them who receive actual notice of this

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Judgment by personal service or otherwise are permanently restrained and enjoined

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from violating Section 17(a) of the Securities Act of 1933 (the “Securities Act”),

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15 U.S.C. § 77q(a), in the offer or sale of any security by the use of any means or
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instruments of transportation or communication in interstate commerce or by use

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of the mails, directly or indirectly:

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(a)

to employ any device, scheme, or artifice to defraud;

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(b) to obtain money or property by means of any untrue statement of a

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material fact or any omission of a material fact necessary in order to

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make the statements made, in light of the circumstances under which

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they were made, not misleading; or
(c)

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to engage in any transaction, practice, or course of business which
operates or would operate as a fraud or deceit upon the purchaser.

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III.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that,

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pursuant to Section 21(d)(2) of the Exchange Act, 15 U.S.C. § 78u(d)(2), and

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Section 20(e) of the Securities Act, 15 U.S.C. § 77t(e), Defendant is prohibited

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from acting as an officer or director of any issuer that has a class of securities

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registered pursuant to Section 12 of the Exchange Act, 15 U.S.C. § 78l, or that is

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required to file reports pursuant to Section 15(d) of the Exchange Act, 15 U.S.C.

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§ 78o(d).

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IV.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the

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Commission’s claims for disgorgement, prejudgment interest, and a civil penalty

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are dismissed.

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V.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall

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retain jurisdiction of this matter for the purposes of enforcing the terms of this

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Judgment.

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VI.

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There being no just reason for delay, pursuant to Rule 54(b) of the Federal

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Rules of Civil Procedure, the Clerk is ordered to enter this Judgment forthwith and

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without further notice.

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Dated: July 19, 2013

____________________________________
HON. JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

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