Securities and Exchange Commission v. Gozzo
Filing
6
FINAL JUDGMENT and Permanent Injunction as to Defendant PMG Capital, LLC. Signed by Judge William J. Zloch on 4/17/2009. (bc)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT PMG CAPITAL, LLC 09-80432-CIV-ZLOCH
PAUL M. GOZZO and PMG CAPITAL, LLC. Defendants. / THIS MATTER is before the Court upon the Consent Of Defendant PMG Capital, LLC. (DE 2). The Court has carefully reviewed said
Consent and the entire Court file and is otherwise fully advised in the premises. Accordingly, after due consideration, it is ORDERED AND ADJUDGED that the Consent of Defendant PMG
Capital, LLC be and the same is hereby approved, adopted, and ratified by the Court. And pursuant to Federal Rules of Civil
Procedure 65 Final Judgment And Permanent Injunction be and the same is hereby ENTERED for Plaintiff Securities And Exchange Commission and against Defendant PMG Capital LLC., as follows: I. Violation Of Section 10(b) of the Exchange Act And Rule 10b-5 Thereunder
Defendant PMG Capital, LLC. its agents, officers, servants, employees, attorneys, representatives, and all persons in active concert or participation with him, and each said person, directly or indirectly, who receives actual notice of this Final Judgment And Permanent Injunction, by personal service or otherwise, be and
hereby are, permanently ENJOINED from knowingly, willfully, or recklessly, directly or indirectly, singly or in concert, in connection with the purchase or sale of any security, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange: (1) employing any device, scheme, or artifice to defraud; (2) making any untrue statements of material fact or omitting to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or (3) engaging in any act, practice or course of business which operates or would operate as fraud or deceit upon any person in violation of Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5, thereunder. II. Penny Stock Bar
IT IS FURTHER ORDERED AND ADJUDGED that Defendant PMG Capital, LLC. be and the same is hereby permanently ENJOINED from
participating in an offering of penny stocks, including engaging in activities with a broker, dealer, or issuer for purposes of
issuing, trading, or inducing or attempting to induce the purchase or sale of any penny stock. For the purposes of this Order, a
penny stock is defined as any equity security that has a price less than five dollars ($5.00) except as provided in Rule 3A51-1 under the Exchange Act, 17 C.F.R. § 240.3A51-1. III. Incorporation of the Consent Decree IT IS FURTHER ORDERED AND ADJUDGED that the Consent (DE 3) be
and the same is hereby incorporated herein with the same force and effect as if it were fully set forth in this Final Judgment. And Defendant shall comply with all of the undertakings and agreements set forth therein. IV. Retention of Jurisdiction
IT IS FURTHER ORDERED AND ADJUDGED that the Court shall retain Jurisdiction enforcing Injunction. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 17th day of April, 2009. of the terms above-styled of this cause for the purposes of
the
Final
Judgment
And
Permanent
WILLIAM J. ZLOCH United States District Judge Copies furnished: All Counsel of Record
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