Securities and Exchange Commission v. Rizzo, No. 3:2013cv01801 - Document 7 (S.D. Cal. 2014)
Court Description: Final Judgment as to Defendant John G. Rizzo 6 . Signed by Judge Michael M. Anello on 5/15/2014. (vam)
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Securities and Exchange Commission v. Rizzo Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SECURITIES AND EXCHANGE COMMISSION, 12 Plaintiff, 13 14 15 vs. Case No. 13 CV 1801 MMA BLM FINAL JUDGMENT AS TO DEFENDANT JOHN G. RIZZO [DOC. NO. 6] JOHN G. RIZZO, Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 13 CV 1801 MMA BLM Dockets.Justia.com 1 The Securities and Exchange Commission having filed a Complaint and 2 Defendant John G. Rizzo having entered a general appearance; consented to the 3 Court’s jurisdiction over Defendant and the subject matter of this action; consented 4 to entry of this Judgment; waived findings of fact and conclusions of law; and 5 waived any right to appeal from this Judgment: I. 6 7 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant 8 and Defendant’s agents, servants, employees, attorneys, and all persons in active 9 concert or participation with them who receive actual notice of this Judgment by 10 personal service or otherwise are permanently restrained and enjoined from 11 violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 12 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated 13 thereunder 17 C.F.R. § 240.10b-5, by using any means or instrumentality of 14 interstate commerce, or of the mails, or of any facility of any national securities 15 exchange, in connection with the purchase or sale of any security: 16 (a) to employ any device, scheme, or artifice to defraud; 17 (b) to make any untrue statement of a material fact or to omit to state a 18 material fact necessary in order to make the statements made, in the 19 light of the circumstances under which they were made, not 20 misleading; or 21 22 23 24 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND 25 DECREED that Defendant and Defendant’s agents, servants, employees, attorneys, 26 and all persons in active concert or participation with them who receive actual 27 notice of this Judgment by personal service or otherwise are permanently restrained 28 and enjoined from violating Section 17(a) of the Securities Act of 1933 (the 1 13 CV 1801 MMA BLM 1 “Securities Act”), 15 U.S.C. § 77q(a), in the offer or sale of any security by the use 2 of any means or instruments of transportation or communication in interstate 3 commerce or by use of the mails, directly or indirectly: 4 (a) to employ any device, scheme, or artifice to defraud; 5 (b) to obtain money or property by means of any untrue statement of a 6 material fact or any omission of a material fact necessary in order to 7 make the statements made, in light of the circumstances under which 8 they were made, not misleading; or (c) 9 to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. 10 III. 11 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, 12 13 pursuant to Section 21(d)(2) of the Exchange Act, 15 U.S.C. § 78u(d)(2), and 14 Section 20(e) of the Securities Act, 15 U.S.C. §77t(e), Defendant is prohibited 15 from acting as an officer or director of any issuer that has a class of securities 16 registered pursuant to Section 12 of the Exchange Act, 15 U.S.C. § 78l, or that is 17 required to file reports pursuant to Section 15(d) of the Exchange Act, 15 U.S.C. 18 § 78o(d). IV. 19 20 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 21 that Defendant is permanently barred from participating in an offering of penny 22 stock, including engaging in activities with a broker, dealer, or issuer for purposes 23 of issuing, trading, or inducing or attempting to induce the purchase or sale of any 24 penny stock. A penny stock is any equity security that has a price of less than five 25 dollars, except as provided in Rule 3a51-1 under the Exchange Act, 17 C.F.R. 26 § 240.3a51-1. 27 /// 28 /// 2 13 CV 1801 MMA BLM V. 1 2 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 3 that disgorgement, prejudgment interest, and a civil penalty pursuant to Section 4 20(d) of the Securities Act, 15 U.S.C., § 77t(d); and Section 21(d) of the Exchange 5 Act, 15 U.S.C. § 78(d)(3), are appropriate in this case. However, as a result of the 6 criminal sanctions ordered against Defendant in United States v. John G. Rizzo, 13- 7 cr-2823 (LAB) (S.D. Cal.), the Commission is not seeking monetary remedies 8 against Defendant in this proceeding. 9 VI. 10 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 11 Consent is incorporated herein with the same force and effect as if fully set forth 12 herein, and that Defendant shall comply with all of the undertakings and agreements 13 set forth therein. 14 VII. 15 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this 16 Court shall retain jurisdiction of this matter for the purposes of enforcing the terms 17 of this Judgment. 18 The Clerk of Court is instructed to close the case. 19 IT IS SO ORDERED. 20 Dated: May 15, 2014 21 22 23 __________________________________ HONORABLE MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE 24 25 26 27 28 3 13 CV 1801 MMA BLM
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