Securities and Exchange Commison v. Michael W Perry et al

Filing 151

FINAL JUDGMENT AS TO DEFENDANT MICHAEL W. PERRY by Judge Manuel L. Real. IT IS HEREBY ORDERD, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, attorneys, and all other persons in active concert or participation w ith them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a)(3) of the Securities Act of 1933 (the "Securities Act") [15 U.S.C. 77q(a)(3) in the offer or sale of any security by the use of any means or instruments of transportation of communication in interstate commerce or by use of the mails, directly or indirectly, to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchase. (MD JS-6, Case Terminated). (bp)

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DONALD W. SEARLES, Cal. Bar No. 135705
E-mail: [e-mail]
NICHOLAS S. CHUNG, Cal. Bar No. 192784
E-mail: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
John M. McCoy, III Associate Regional Director
John W. Berry, Regional Trial Counsel
5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036-3648
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

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v.
MICHAEL W. PERRY and A. SCOTT
KEYS,
Defendants.

Case No. CV-11-1309-R
FINAL JUDGMENT AS TO
DEFENDANT MICHAEL W. PERRY

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The Securities and Exchange Commission having filed a Complaint and

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Defendant Michael W. Perry having entered a general appearance; consented to the

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

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to entry of this Final Judgment without admitting or denying the allegations of the

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Complaint (except as to jurisdiction); waived findings of fact and conclusions of

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law; and waived any right to appeal from this Final Judgment:
I.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant
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 Section 17(a)(3) of the Securities Act of 1933 (the “Securities Act”) [15

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U.S.C. §§ 77q(a)(3)] 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, to engage in any transaction, practice, or course

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of business which operates or would operate as a fraud or deceit upon the

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purchaser.
II.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant

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shall pay a civil penalty in the amount of $80,000 pursuant to Section 20(d)(1) of the

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Securities Act [15 U.S.C. § 77t(d)(1)]. Defendant shall make this payment within 14

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days after entry of this Final Judgment by certified check, bank cashier’s check, or

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United States postal money order payable to the Securities and Exchange Commission.

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The payment shall be delivered or mailed to the Enterprise Service Center, Accounts

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Receivable Branch, 6500 South MacArthur Boulevard, Oklahoma City, OK 73169, and

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shall be accompanied by a letter identifying Michael W. Perry as a defendant in this

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action; 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. Defendant
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shall pay post-judgment interest on any delinquent amounts pursuant to 28 USC § 1961.

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The Commission shall remit the funds paid pursuant to this paragraph to the United

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States Treasury.

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III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent

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is incorporated herein with the same force and effect as if fully set forth herein, and that

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Defendant shall comply with all of the undertakings and agreements set forth therein.

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IV.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court

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

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Final Judgment.

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DATED: Sept. 27, 2012
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UNITED STATES DISTRICT JUDGE

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