Securities and Exchange Commission v. Anthony Todd Johnson et al
Filing
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FINAL JUDGMENT PURSUANT TO CONSENT #35 by Judge Mark C. Scarsi: Defendant C-Quadrant LLC and its agents etc are permanently restrained and enjoined from violating, directly or indirectly re the Securities Exchange Act (see document for specified section cites therein). (lc)
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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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Case No. 5:20-cv-01493-MCS (SHKx)
FINAL JUDGMENT AS TO
DEFENDANT C-QUADRANT LLC
Plaintiff,
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vs.
ANTHONY TODD JOHNSON (aka
TODD JOHNSON), et al,
Defendants.
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The Securities and Exchange Commission having filed a Complaint and
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defendant C-Quadrant LLC (“Defendant”) having entered a general appearance;
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consented to the Court’s jurisdiction over Defendant and the subject matter of this
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action; consented to entry of this Final Judgment without admitting or denying the
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allegations of the Complaint (except as to jurisdiction); waived findings of fact and
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conclusions of law; and waived any right to appeal from this Final Judgment:
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I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is
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permanently restrained and enjoined from violating, directly or indirectly, Section
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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
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any means or instrumentality of interstate commerce, or of the mails, or of any
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facility of any national securities exchange, in connection with the purchase or sale of
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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 light
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of the circumstances under which they were made, not misleading; or
(c)
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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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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as
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provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also
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binds the following who receive actual notice of this Final Judgment by personal
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service or otherwise: (a) Defendant’s officers, agents, servants, employees, and
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attorneys; and (b) other persons in active concert or participation with Defendant or
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with anyone described in (a).
II.
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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
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Defendant is 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
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of any security by the use of any means or instruments of transportation or
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communication 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
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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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///
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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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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as
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provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also
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binds the following who receive actual notice of this Final Judgment by personal
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service or otherwise: (a) Defendant’s officers, agents, servants, employees, and
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attorneys; and (b) other persons in active concert or participation with Defendant or
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with anyone described in (a).
III.
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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that
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Defendant is permanently restrained and enjoined from violating Section 5 of the
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Securities Act [15 U.S.C. § 77e] 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 of
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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 use
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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 any
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means or instruments of transportation, any such security for the purpose
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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 or
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offer to buy through the use or medium of any prospectus or otherwise
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any security, unless a registration statement has been filed with the
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Commission as to such security, or while the registration statement is the
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subject of a refusal order or stop order or (prior to the effective date of
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the registration statement) any public proceeding or examination under
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Section 8 of the Securities Act [15 U.S.C. § 77h].
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as
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provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also
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binds the following who receive actual notice of this Final Judgment by personal
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service or otherwise: (a) Defendant’s officers, agents, servants, employees, and
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attorneys; and (b) other persons in active concert or participation with Defendant or
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with anyone described in (a).
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IV.
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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 shall comply with all of the undertakings and agreements
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set forth therein.
V.
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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.
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 Final Judgment forthwith
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and without further notice.
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Dated: November 20, 2020
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MARK C. SCARSI
UNITED STATES DISTRICT JUDGE
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