Securities and Exchange Commission v. Heart Tronics Inc et al, No. 8:2011cv01962 - Document 59 (C.D. Cal. 2012)
Court Description: FINAL JUDGMENT as to defendant Ryan Rauch by Judge James V. Selna, Related to: Judgment 58 (twdb)
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Securities and Exchange Commission v. Heart Tronics Inc et al Doc. 59 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 4 5 SECURITIES AND EXCHANGE 6 COMMISSION, 7 8 Plaintiff, 9 10 SACV11-1962-JVS(ANX) v. 11 12 13 14 15 HEART TRONICS, INC., MITCHELL JAY STEIN, WILLIE JAMES GAULT, J. ROWLAND PERKINS, II, MARTIN BERT CARTER, MARK CROSBY NEVDAHL, and RYAN ALLAN RAUCH, Defendants, 19 TRACEY HAMPTON-STEIN, ARC FINANCE GROUP, LLC, ARC BLIND TRUST, THS BLIND TRUST, JAYMI BLIND TRUST, OAK TREE INVESTMENTS BLIND TRUST, WBT INVESTMENTS BLIND TRUST, CATCH 83 GENERAL PARTNERSHIP, and FIVE INVESTMENTS PARTNERSHIP, 20 Relief Defendants. 16 17 18 21 22 23 FINAL JUDGMENT AS TO DEFENDANT RYAN RAUCH 24 25 The Securities and Exchange Commission having filed a Complaint and 26 Defendant Ryan Rauch having entered a general appearance; consented to the 27 28 Court’s jurisdiction over Defendant and the subject matter of this action; consented Dockets.Justia.com 1 to entry of this Final Judgment without admitting or denying the allegations of the 2 Complaint (except as to jurisdiction); waived findings of fact and conclusions of 3 law; and waived any right to appeal from this Final Judgment: 4 5 6 7 I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, attorneys, and all persons in active 8 9 10 11 concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section 17(b) of the Securities Act of 1933 (the 12 13 ”Securities Act”) [15 U.S.C. § 777q(b)] by using any means or instrumentality of 14 interstate commerce, or of the mails, to publish, give publicity to, or circulate any 15 16 notice, circular, advertisement, newspaper, article, letter, investment service, or 17 communication which, though not purporting to offer a security for sale, describes 18 such security for a consideration received or to be received, directly or indirectly, 19 20 21 22 from an issuer, underwriter, or dealer, without fully disclosing the receipt, whether past or prospective, of such consideration and the amount thereof. II. 23 24 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 25 that Defendant is barred, for a period of three years from the date of this Final 26 Judgment, from participating in an offering of penny stock, including engaging in 27 28 activities with a broker, dealer, or issuer for purposes of issuing, trading, or 2 1 inducing or attempting to induce the purchase or sale of any penny stock. A penny 2 stock is any equity security that has a price of less than five dollars, except as 3 provided in Rule 3a51-1 under the Exchange Act [17 C.F.R. 240.3a51-1]. 4 5 6 7 III. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $15,000, representing profits gained as a 8 9 result of the conduct alleged in the Complaint, together with prejudgment interest 10 thereon in the amount of $2,789.84, and a civil penalty in the amount of $20,000 11 pursuant to Section 20(d) of the Securities Exchange Act [15 U.S.C. § 77t(d)]. 12 13 Defendant shall satisfy this obligation by paying $37,789.84 within 30 days after 14 entry of this Final Judgment by certified check, bank cashier's check, or United 15 16 States postal money order payable to the Securities and Exchange Commission. 17 The payment shall be delivered or mailed to the Office of Financial Management, 18 Securities and Exchange Commission, 100 F Street, NE, Mail Stop 6042, 19 20 Washington DC 20549, and shall be accompanied by a letter identifying Ryan 21 Rauch as a defendant in this action; setting forth the title and civil action number of 22 this action and the name of this Court; and specifying that payment is made 23 24 pursuant to this Final Judgment. Defendant shall pay post-judgment interest on 25 any delinquent amounts pursuant to 28 USC § 1961. The Commission shall remit 26 the funds paid pursuant to this paragraph to the United States Treasury. 27 IV. 28 3 1 2 3 4 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and 5 6 agreements set forth therein. 7 V. 8 9 10 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms 11 12 of this Final Judgment. 13 VI. 14 15 16 17 There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment 18 19 forthwith and without further notice. 20 21 22 Dated: August 09, 2012 23 24 ____________________________________ 25 UNITED STATES DISTRICT JUDGE 26 27 28 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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