-SS Securities and Exchange Commission v. S Blair Abernathy, No. 2:2011cv01308 - Document 9 (C.D. Cal. 2011)

Court Description: FINAL JUDGMENT by Judge John F. Walter that Defendant and Defendant agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined. FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $25,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment int erest thereon in the amount of $1592.26, and a civil penalty in the amount of $100,000 pursuant to Section 20(d)(1) of the Securities Act [15 USC section 77t(d)(1)]. Defendant shall satisfy this obligation by paying $126,592.26 within 14 days after entry of this Final Judgment by certified check, bank cashier check, or United States postal money order payable to the Securities and Exchange Commission. The payment shall be delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, Operations Center, 6432 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312 (see attached Final Judgment for further information). (MD JS-6, Case Terminated). (jp)

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-SS Securities and Exchange Commission v. S Blair Abernathy 1 2 3 4 5 6 7 8 Doc. 9 DONALD W. SEARLES, Cal. Bar No. 135705 E-mail: searlesd@sec.gov ROBERTO A. TERCERO, Cal. Bar No. 143760 E-mail: terceror@sec.gov NICHOLAS S. CHUNG, Cal. Bar No. 192784 E-mail: chungni@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 Telephone: (323) 965-3998 Facsimile: (323) 965-3908 JS-6 CC: Fiscal 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 14 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, 15 16 17 18 Case No. 11-1308-JFW (SSx) FINAL JUDGMENT AS TO DEFENDANT S. BLAIR ABERNATHY vs. S. BLAIR ABERNATHY, Defendant. 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 The Securities and Exchange Commission having filed a Complaint and 2 Defendant S. Blair Abernathy having entered a general appearance; consented to 3 the Court’s jurisdiction over Defendant and the subject matter of this action; 4 consented to entry of this Final Judgment without admitting or denying the 5 allegations of the Complaint (except as to jurisdiction); waived findings of fact and 6 conclusions of law; and waived any right to appeal from this Final Judgment: 7 8 9 I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant’s agents, servants, employees, attorneys, and all persons in active 10 concert or participation with them who receive actual notice of this Final Judgment 11 by personal service or otherwise are permanently restrained and enjoined from 12 violating Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933 (the 13 “Securities Act”) [15 U.S.C. §§ 77q(a)(2) & (a)(3)] in the offer or sale of any 14 security by the use of any means or instruments of transportation or 15 communication in interstate commerce or by use of the mails, directly or 16 indirectly, (a) to obtain money or property by means of any untrue statement of a 17 material fact or any omission of a material fact necessary in order to make the 18 statements made, in light of the circumstances under which they were made, not 19 misleading; or (b) to engage in any transaction, practice, or course of business 20 which operates or would operate as a fraud or deceit upon the purchaser. 21 22 II. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is 23 liable for disgorgement of $25,000, representing profits gained as a result of the conduct 24 alleged in the Complaint, together with prejudgment interest thereon in the amount of 25 $1592.26, and a civil penalty in the amount of $100,000 pursuant to Section 20(d)(1) of 26 the Securities Act [15 U.S.C. § 77t(d)(1)]. Defendant shall satisfy this obligation by 27 paying $126,592.26 within 14 days after entry of this Final Judgment by certified check, 28 bank cashier’s check, or United States postal money order payable to the Securities and 1 1 Exchange Commission. The payment shall be delivered or mailed to the Office of 2 Financial Management, Securities and Exchange Commission, Operations Center, 6432 3 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be 4 accompanied by a letter identifying S. Blair Abernathy as a defendant in this action; 5 setting forth the title and civil action number of this action and the name of this Court; 6 and specifying that payment is made pursuant to this Final Judgment. Defendant shall 7 pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. 8 The Commission shall remit the funds paid pursuant to this paragraph to the United 9 States Treasury. 10 11 III. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent 12 is incorporated herein with the same force and effect as if fully set forth herein, and that 13 Defendant shall comply with all of the undertakings and agreements set forth therein. 14 15 IV. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 16 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 17 Final Judgment. 18 19 20 DATED: February 17, 2011 __________________________________ UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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