Securities and Exchange Commission v. Braslau et al

Filing 84

JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANTSAMUEL BRASLAU filed by Judge Otis D. Wright, II. (SEE DOCUMENT FOR FURTHER DETAILS) (vv)

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JOHN BERRY, Cal. Bar No. 295760
Email: [e-mail]
PETER F. DEL GRECO, Cal. Bar No. 164925
Email: [e-mail]

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Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
Lorraine B. Echavarria, Associate Regional Director
John Berry, Regional Trial Counsel
444 South Flower Street, Suite 900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

CASE CLOSED

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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,
vs.
SAMUEL BRASLAU, RAND J.
CHORTKOFF, and STUART E.
RAWITT,
Defendants.

Case No. CV 14-01290-ODW (AJWx)
JUDGMENT OF PERMANENT
INJUNCTION AND OTHER
RELIEF AGAINST DEFENDANT
SAMUEL BRASLAU
(Hon. Otis D. Wright)
Date: September 28, 2015
Time: 1:30 p.m.
Ctrm: Room 11, Spring Street Level

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Plaintiff Securities and Exchange Commission (“SEC”) having filed a Complaint

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and defendant Samuel Braslau (“Braslau”) having entered a general appearance; the SEC

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having filed a motion for summary judgment as to liability and non-monetary relief

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against Braslau; and the Court having granted the SEC’s motion for summary judgment,

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after having fully considered all evidence, papers and arguments presented by the parties:

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I.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Braslau and

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Braslau’s agents, servants, employees, attorneys, and all persons in active concert or

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

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otherwise are permanently restrained and enjoined from violating, directly or indirectly,

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Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. §

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78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, by using any

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means or 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 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 material

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fact necessary in order to make the statements made, in the light of the

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circumstances under which they were 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.
II.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Braslau and

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Braslau’s agents, servants, employees, attorneys, and all persons in active concert or

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

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otherwise are permanently restrained and enjoined from violating Section 17(a) of the

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Securities Act of 1933 (the “Securities Act”), 15 U.S.C. § 77q(a), in the offer or sale of

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any security by the use of any means or instruments of transportation or communication

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in 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 material

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

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statements made, in light of the circumstances under which they were made,

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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 this Court shall

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

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or any final judgment.
IV.

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

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Civil Procedure, the Clerk is ordered to enter this Judgment forthwith and without further

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notice.

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DATED: _May 20, 2016

_____________________________
HONORABLE OTIS D. WRIGHT
UNITED STATES DISTRICT JUDGE

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