Securities and Exchange Commission v. Jeff Greeney et al

Filing 5

JUDGMENT by Judge Josephine Staton Tucker, in favor of Securities and Exchange Commission against Big Baller Media Group LLC. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Judgment. Related to: Notice (Other) 2 (MD JS-6, Case Terminated). (twdb)

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JS-6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

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SECURITIES AND EXCHANGE COMMISSION,

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Plaintiff,
SACV 11-1467-JST(RNBx)

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v.
JUDGMENT AS TO
DEFENDANT BIG BALLER
MEDIA GROUP LLC

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JEFFREY GREENEY and BIG BALLER MEDIA
GROUP, LLC,

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Defendants.
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JUDGMENT AS TO DEFENDANT BIG BALLER MEDIA GROUP, LLC
The Securities and Exchange Commission having filed a Complaint and Defendant Big
Baller Media Group, LLC having entered a general appearance; consented to the Court’s
jurisdiction over Defendant and the subject matter of this action; consented to entry of this

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Judgment without admitting or denying the allegations of the Complaint (except as to

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jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from

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this Judgment:

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I.
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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant

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and Defendant'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 5(a) and 5(c) of the

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Securities Act [15 U.S.C. § 77e] by, directly or indirectly, in the absence of any applicable

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exemption:

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(a)

Unless a registration statement is in effect as to a security, making use of any

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means or instruments of transportation or communication in interstate commerce

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or of the mails to sell such security through the use or medium of any prospectus

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or otherwise; or

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(c)

Making use of any means or instruments of transportation or communication in
interstate commerce or of the mails to offer to sell or offer to buy through the use
or medium of any prospectus or otherwise any security, unless a registration

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statement has been filed with the Commission as to such security, or while the
registration 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 examination

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under Section 8 of the Securities Act [15 U.S.C. § 77h].

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II.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that pursuant to

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Section 20(g) of the Securities Act [15 U.S.C. § 77t(g)], Defendant is prohibited for three years

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following the date of entry of this Judgment, from participating in an offering of penny stock,

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including engaging in activities with a broker, dealer, or issuer for purposes of issuing, trading, or

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inducing or attempting to induce the purchase or sale of any penny stock. A penny stock is any

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equity security that has a price of less than five dollars, except as provided in Rule 3a51-1 under
the Exchange Act [17 C.F.R. 240.3a51-1].
III.

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IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
shall pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty
pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)], all of which the Defendant is

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jointly and severally liable with the individual, Jeffrey Greeney. The Court shall determine the
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amounts of the disgorgement and civil penalty upon motion of the Commission. Prejudgment

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interest shall be calculated from the dates of the various violations, based on the rate of interest

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used by the Internal Revenue Service for the underpayment of federal income tax as set forth in

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26 U.S.C. § 6621(a)(2). In connection with the Commission’s motion for disgorgement and/or

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civil penalties, and at any hearing held on such a motion: (a) Defendant will be precluded from

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arguing that it did not violate the federal securities laws as alleged in the Complaint; (b)

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Defendant may not challenge the validity of the Consent or this Judgment; (c) solely for the
purposes of such motion, the allegations of the Complaint shall be accepted as and deemed true

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by the Court; and (d) the Court may determine the issues raised in the motion on the basis of

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affidavits, declarations, excerpts of sworn deposition or investigative testimony, and documentary

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evidence, without regard to the standards for summary judgment contained in Rule 56(c) of the

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Federal Rules of Civil Procedure. In connection with the Commission’s motion for disgorgement

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and/or civil penalties, the parties may take discovery, including discovery from appropriate non20
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parties.
IV.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain
jurisdiction of this matter for the purposes of enforcing the terms of this Judgment.

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Dated: October 03, 2011
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UNITED STATES DISTRICT JUDGE

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