Securities and Exchange Commission v. Newpoint Financial Services Inc et al

Filing 506

FINAL JUDGMENT AND RE PERMANENT INJUNCTION AGAINST DEFENDANT GISSOU RASTEGAR FARAHI (SEE DOCUMENT FOR SPECIFICS).The SEC has determined that it is not seeking monetary remedies against Defendant in this proceeding, and those claims are dismissed. The Consent previously filed in this case as Docket No. 479 is incorporated herein with the same force and effect as if fully set forth herein, except for paragraphs 2(b), 2(c), and 3, and that Defendant shall comply with all of the undertakings and agreements set forth herein by Judge Dean D. Pregerson (lc)

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JOHN B. BULGOZDY, Cal Bar. No. 219897
Email: [e-mail]
BERNARD B. SMYTH III, Cal. Bar No. 217741
Email: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, 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,
Plaintiff,

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vs.

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Defendants,

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FINAL JUDGMENT AGAINST
DEFENDANT GISSOU RASTEGAR
FARAHI

NEWPOINT FINANCIAL SERVICES,
INC.; JOHN FARAHI; GISSOU
RASTEGAR FARAHI; and ELAHEH
AMOUEI,

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Case No. CV 10-00124 DDP (JEMx)

and
TRIPLE “J” PLUS, LLC; QUIFF
INVESTMENTS, LTD.; JUSTIN P.
FARAHI; and JOSHUA A. FARAHI,

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Relief Defendants.

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The Securities and Exchange Commission having filed a Complaint and

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Defendant Gissou Rastegar Farahi having entered a general appearance; consented

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to the Court’s jurisdiction over her and the subject matter of this action; consented

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to entry of this Final Judgment; waived findings of fact and conclusions of law;

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and waived any right to appeal from this Final Judgment:

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///

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 Final Judgment

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

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

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interstate commerce, or of the mails, or of any facility of any national securities

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exchange, in 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

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state a material fact necessary in order to make the statements

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made, in light of the circumstances under which they were

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made, not 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.

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II.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED

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

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

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this Final Judgment by personal service or otherwise are permanently restrained

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and enjoined from violating Section 17(a) of the Securities Act of 1933

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(“Securities Act”), 15 U.S.C. § 77q(a), in the offer or sale of any security by the

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use of any means or instruments of transportation or communication in interstate

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commerce or by the use 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
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of a material fact or any omission of a material fact necessary in

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order to make the statements made, in light of the circumstances

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under which they were made, not misleading; or

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(c)

to engage in any transaction, practice, or course of business

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which operates or would operate as a fraud or deceit upon a

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purchaser.

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III.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED

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

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

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this Final Judgment by personal service or otherwise are permanently restrained

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and enjoined from violating Section 5 of the Securities Act, 15 U.S.C. § 77e, by,

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directly or indirectly, in the absence of any applicable exemption:

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(a)

Unless a registration statement is in effect as to a security,

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making use of any means or instruments of transportation or

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communication in interstate commerce or of the mails to sell

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such security through the use or medium of any prospectus or

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otherwise;

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(b)

Unless a registration statement is in effect as to a security,

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carrying or causing to be carried through the mails or in

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interstate commerce, by any means or instruments of

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transportation, any such security for the purpose of sale or for

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delivery after sale; or

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(c)

Making use of any means or instruments of transportation or

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communication in interstate commerce or of the mails to offer to

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sell or offer to buy through the use or medium of any prospectus

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or otherwise any security, unless a registration statement has

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been filed with the Commission as to such security, or while the
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registration statement is the subject of a refusal order or stop

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order or (prior to the effective date of the registration statement)

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any public proceeding or examination under Section 8 of the

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Securities Act, 15 U.S.C. § 77h.

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IV.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED

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that disgorgement, prejudgment interest, and a civil penalty pursuant to Section

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20(d) of the Securities Act, 15 U.S.C., § 77t(d); and Section 21(d) of the Exchange

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Act, 15 U.S.C. § 78(d)(3), are appropriate in this case. However, the SEC has

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determined that it is not seeking monetary remedies against Defendant in this

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proceeding, and those claims are dismissed.

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V.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the

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Consent previously filed in this case as Docket No. 479 is incorporated herein with

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the same force and effect as if fully set forth herein, except for paragraphs 2(b),

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2(c), and 3, and that Defendant shall comply with all of the undertakings and

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agreements set forth herein.
VI.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this

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

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of this Judgment.

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Dated: June 26, 2014
HONORABLE DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE

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