Securities and Exchange Commission v. Ben-Wal Leasing Company et al, No. 2:2009cv06223 - Document 82 (C.D. Cal. 2010)

Court Description: FINAL JUDGMENT RE MONETARY RELIEF AGAINST BEN-WAL LEASING COMPANY AND BEN-WAL MANAGEMENT, INC. by Judge Otis D Wright, II:Defendants are liable for disgorgement, in an amount equal to the amount collected by the Court-appointed receiver in this action, as set forth in the receivers final report. (lc)

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Securities and Exchange Commission v. Ben-Wal Leasing Company et al 1 2 3 4 5 6 7 Doc. 82 DONALD W. SEARLES, Cal Bar No. 135705 Email: searlesd@sec.gov C. DABNEY O’RIORDAN, Cal. Bar No. 205158 Email: oriordand@sec.gov Attorneys for Plaintiff Securities and Exchange Commission Rosalind R. Tyson, Regional Director John M. McCoy III, Associate Regional Director 5670 Wilshire Boulevard, 11th Floor Los Angeles, California 90036-3648 Telephone: (323) 965-3998 Facsimile: (323) 965-3908 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 14 15 16 Plaintiff, vs. BEN-WAL LEASING COMPANY; BEN-WAL MANAGEMENT, INC.; and JERRY E. BENSON, 17 18 19 20 21 Case No. CV 09-6223 ODW (FMOx) FINAL JUDGMENT RE MONETARY RELIEF AGAINST BEN-WAL LEASING COMPANY AND BEN-WAL MANAGEMENT, INC. Defendants, and CTR WEB PRINTING, INC.; and SCOTT W. BENSON, Relief Defendants. 22 23 24 25 26 27 28 Dockets.Justia.com 1 The Securities and Exchange Commission having filed a Complaint and 2 Defendants Ben-Wal Leasing Company and Ben-Wal Management, Inc. 3 (collectively the “Entity Defendants”) having entered a general appearance; 4 consented to the Court’s jurisdiction over the Entity Defendants and the subject 5 matter of this action; consented to entry this Court’s Judgment dated February 4, 6 2010, and consented to entry of this Final Judgment Re Monetary Relief, without 7 admitting or denying the allegations of the Complaint (except as to jurisdiction); 8 waived findings of fact and conclusions of law; and waived any right to appeal 9 from this Judgment: I. 10 11 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Entity 12 Defendants are liable for disgorgement, in an amount equal to the amount collected 13 by the Court-appointed receiver in this action, as set forth in the receiver’s final 14 report. The Entity Defendants’ obligation to make disgorgement shall be satisfied, 15 in full, through the collection efforts of the Court-appointed receiver. Any funds 16 so collected shall be distributed pursuant to an order of the Court in accordance 17 with the Court’s order appointing the receiver. By agreeing to make disgorgement 18 in an amount equal to the amount collected by the Court-appointed receiver in this 19 action, as set forth in the receiver’s final report, Defendants relinquish all legal and 20 equitable right, title, and interest in such funds, and no part of the funds shall be 21 returned to Defendants. 22 II. 23 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 24 Consent is incorporated herein with the same force and effect as if fully set forth 25 herein, and that Defendants shall comply with all of the undertakings and 26 agreements set forth therein. 27 V. 28 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this 1 1 Court shall retain jurisdiction of this matter for the purposes of enforcing the terms 2 of this Judgment. VI. 3 4 There being no just reason for delay, pursuant to Rule 54(b) of the Federal 5 Rules of Civil Procedure, the Clerk is ordered to enter this Judgment forthwith and 6 without further notice. 7 8 9 DATED: December 28, 2010 __________________________________ HONORABLE OTIS D. WRIGHT II UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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