Securities and Exchange Commission v. Curtis Peterson et al
Filing
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FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Otis D Wright, II, in favor of Securities and Exchange Commission against Eric Maher in the principal amount of $34,220.00. (see document for other specifics and requirements.) (lc)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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Case No. CV 11-01143 ODW (JEMx)
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SECURITIES AND EXCHANGE
COMMISSION,
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Plaintiff,
FINAL JUDGMENT OF PERMANENT
INJUNCTION AND OTHER RELIEF
AGAINST DEFENDANT ERIC MAHER
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vs.
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CURTIS PETERSON, ERIC MAHER,
RONALD WHITE, and EXPRESS
INTERNATIONAL, LLC,
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Defendants,
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and
CURTIS INTERNATIONAL EXPRESS,
INC. and ANN SCOTT,
Relief Defendants.
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The Securities and Exchange Commission having filed a Complaint and
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Defendant Eric Maher (“Defendant Maher”) having entered a general appearance;
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consented to the Court’s jurisdiction over Defendant Maher and the subject matter
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of this action; consented to entry of this Final Judgment without admitting or
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denying the allegations of the Complaint (except as to jurisdiction); waived
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findings of fact and conclusions of law; and waived any right to appeal from this
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Final Judgment:
I.
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant
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Maher and Defendant Maher’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, directly or indirectly, Section 10(b) of the Securities
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Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5
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promulgated thereunder, 17 C.F.R. § 240.10b-5, by using any means or
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instrumentality of interstate commerce, or of the mails, or of any facility of any
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national securities exchange, in connection with the purchase or sale of any
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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.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
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Defendant Maher and Defendant Maher’s agents, servants, employees, attorneys,
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and all persons in active concert or participation with them who receive actual
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notice of this Final Judgment by personal service or otherwise are permanently
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restrained and enjoined from violating Section 17(a) of the Securities Act of 1933
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(the “Securities Act”), 15 U.S.C. § 77q(a), in the offer or sale of any security by
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the use of any means or instruments of transportation or communication in
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interstate commerce or by 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 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
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(c)
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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Defendant Maher and Defendant Maher’s agents, servants, employees, attorneys,
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and all persons in active concert or participation with them who receive actual
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notice of this Final Judgment by personal service or otherwise are permanently
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restrained and enjoined from violating Sections 5(a) and (c) of the Securities Act,
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15 U.S.C. §§ 77e(a) & 77e(c), by, directly or indirectly, in the absence of any
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applicable exemption:
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(a)
Unless a registration statement is in effect as to a security, making use
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of any means or instruments of transportation or communication in
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interstate commerce or of the mails to sell such security through the
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use or medium of any prospectus or otherwise;
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(b)
Unless a registration statement is in effect as to a security, carrying or
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causing to be carried through the mails or in interstate commerce, by
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any means or instruments of transportation, any such security for the
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purpose of sale or for 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 sell
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or offer to buy through the use or medium of any prospectus or
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otherwise any security, unless a registration statement has been filed
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with the Commission as to such security, or while the registration
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statement is the subject of a refusal order or stop order or (prior to the
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effective date of the registration statement) any public proceeding or
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examination under Section 8 of the Securities Act, 15 U.S.C. § 77h.
IV.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
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Defendant Maher and Defendant Maher’s agents, servants, employees, attorneys,
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and all persons in active concert or participation with them who receive actual
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notice of this Final Judgment by personal service or otherwise are permanently
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restrained and enjoined from violating Section 15(a) of the Exchange Act, 15
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U.S.C. § 78o(a), by, directly or indirectly, in the absence of any applicable
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exemption, engaging in the business of a broker or a dealer by making use of the
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mails or any means or instrumentality of interstate commerce to induce the
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purchase or sale of any security (in the absence of an applicable exemption),
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without being associated with a broker-dealer that has been registered with the
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Commission.
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V.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
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Defendant Maher is liable for disgorgement of $34,000, representing profits gained
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as a result of the conduct alleged in the Complaint, together with prejudgment
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interest thereon in the amount of $220, for a total of $34,220. Defendant Maher
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shall satisfy this obligation by making payments pursuant to the terms of the
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payment schedule set forth in paragraph VI, below, by certified check, bank
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cashier’s check, or United States postal money order payable to the Securities and
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Exchange Commission. The payment shall be delivered or mailed to the Office of
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Financial Management, Securities and Exchange Commission, Operations Center,
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6432 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be
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accompanied by a letter identifying Eric Maher as a defendant in this action;
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setting forth the title and civil action number of this action and the name of this
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Court; and specifying that payment is made pursuant to this Final Judgment.
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Defendant Maher shall pay post-judgment interest on any delinquent amounts
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pursuant to 28 U.S.C. § 1961. The Commission shall remit the funds paid pursuant
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to this paragraph to the United States Treasury.
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VI.
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Defendant Maher shall pay $34,220 in two installments according to the
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following schedule: (1) $17,110 within 14 days of entry of this Final Judgment;
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and (2) $17,110 within 180 days of entry of this Final Judgment. If Defendant
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Maher fails to make any payment by the date agreed and/or in the amount agreed
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according to the schedule set forth above, all outstanding payments under this Final
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Judgment, including post-judgment interest, minus any payments made, shall
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become due and payable immediately without further application to the Court.
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VII.
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Based on Defendant Maher’s sworn representations in his Statement of
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Financial Condition dated January 1, 2011, and other documents and information
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submitted to the Commission, the Court is not ordering Defendant Maher to pay a
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civil penalty. The determination not to impose a civil penalty is contingent upon
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the accuracy and completeness of the Defendant Maher’s Statement of Financial
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Condition. If at any time following the entry of this Final Judgment the
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Commission obtains information indicating that Defendant Maher’s
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representations to the Commission concerning his assets, income, liabilities, or net
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worth were fraudulent, misleading, inaccurate, or incomplete in any material
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respect as of the time such representations were made, the Commission may, at its
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sole discretion and without prior notice to Defendant Maher, petition the Court for
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an order requiring Defendant Maher to pay the maximum civil penalty allowable
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under the law. In connection with any such petition, the only issue shall be
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whether the financial information provided by Defendant Maher was fraudulent,
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misleading, inaccurate, or incomplete in any material respect as of the time such
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representations were made. In any such petition, the Commission may move the
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Court to consider all available remedies, including but not limited to ordering
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Defendant Maher to pay funds or assets, directing the forfeiture of any assets, or
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sanctions for contempt of the Court’s Final Judgment. The Commission may also
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request additional discovery. Defendant Maher may not, by way of defense to
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such petition: (1) challenge the validity of the Consent or this Final Judgment; (2)
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contest the allegations in the Complaint filed by the Commission; (3) assert that
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payment of a civil penalty should not be ordered; (4) contest the imposition of the
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maximum civil penalty allowable under the law; or (5) assert any defense to
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liability or remedy, including but not limited to any statute of limitations defense.
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VIII.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
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Consent is incorporated herein with the same force and effect as if fully set forth
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herein, and that Defendant Maher shall comply with all of the undertakings and
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agreements set forth therein.
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IX.
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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 Final Judgment.
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///
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///
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///
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X.
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 Final Judgment
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forthwith and without further notice.
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Dated: June 1, 2011
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__________________________________
HONORABLE OTIS D. WRIGHT II
UNITED STATES DISTRICT JUDGE
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Presented by:
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___________________
Peter F. Del Greco
Counsel for Plaintiff
Securities and Exchange Commission
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