Securities and Exchange Commission v. Ahmad Haris Tajyar et al, No. 2:2009cv03988 - Document 48 (C.D. Cal. 2009)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge S. James Otero, in favor of Securities and Exchange Commission against Vispi B. Shroff and his agents : Defendant is liable for disgorgement of $207,931.70, representing profits gainedand/or losse s avoided as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $27,958.93, for total disgorgement and prejudgment interest in the amount of $235,890.63, and a civil penalty in the amount of $207,931.70, to be paid within 10 business days to the Securties and Exhange Commission (see document for specifics). (lc)

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Securities and Exchange Commission v. Ahmad Haris Tajyar et al 1 2 3 4 5 6 7 Doc. 48 JOHN B. BULGOZDY, Cal. Bar No. 219897 Email: bulgozdyj@sec.gov WILLIAM S. FISKE, Cal. Bar No. 123071 Email: fiskew@sec.gov Attorneys for Plaintiff Securities and Exchange Commission Rosalind R. Tyson, Regional Director Michele Wein Layne, Associate Regional Director John M. McCoy III, Regional Trial Counsel 5670 Wilshire Boulevard, 11th Floor Los Angeles, California 90036 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, Plaintiff, 13 14 15 16 19 20 FINAL JUDGMENT AS TO DEFENDANT VISPI B. SHROFF v. AHMAD HARIS TAJYAR, ZACHARY W. R. BRYANT, OMAR AHMAD TAJYAR, and VISPI B. SHROFF, 17 18 Case No. CV 09-03988 SJO (PJWx) Defendants, and DIONYSUS CAPITAL, LP, Relief Defendant. 21 22 23 24 25 26 27 28 The Securities and Exchange Commission having filed a Complaint and Defendant Vispi B. Shroff having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: Dockets.Justia.com I. 1 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant 3 and Defendant’s agents, servants, employees, attorneys, and all persons in active 4 concert or participation with them who receive actual notice of this Final Judgment 5 by personal service or otherwise are permanently restrained and enjoined from 6 violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 7 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated 8 thereunder, 17 C.F.R. § 240.10b-5, by using any means or instrumentality of 9 interstate commerce, or of the mails, or of any facility of any national securities 10 exchange, in connection with the purchase or sale of any security: 11 (a) to employ any device, scheme, or artifice to defraud; 12 (b) to make any untrue statement of a material fact or to omit to state a 13 material fact necessary in order to make the statements made, in the 14 light of the circumstances under which they were made, not 15 misleading; or 16 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 17 II. 18 19 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 20 Defendant and Defendant’s agents, servants, employees, attorneys, and all persons 21 in active concert or participation with them who receive actual notice of this Final 22 Judgment by personal service or otherwise are permanently restrained and enjoined 23 from violating Section 17(a) of the Securities Act of 1933 (the “Securities Act”), 24 15 U.S.C. § 77q(a), in the offer or sale of any security by the use of any means or 25 instruments of transportation or communication in interstate commerce or by use 26 of the mails, directly or indirectly: 27 (a) to employ any device, scheme, or artifice to defraud; 28 (b) to obtain money or property by means of any untrue statement of a 2 1 material fact or any omission of a material fact necessary in order to 2 make the statements made, in light of the circumstances under which 3 they were made, not misleading; or 4 5 6 (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. III. 7 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 8 Defendant is liable for disgorgement of $207,931.70, representing profits gained 9 and/or losses avoided as a result of the conduct alleged in the Complaint, together 10 with prejudgment interest thereon in the amount of $27,958.93, for total 11 disgorgement and prejudgment interest in the amount of $235,890.63, and a civil 12 penalty in the amount of $207,931.70 pursuant to Section 21(A) of the Exchange 13 Act, 15 U.S.C. § 78u-1. Defendant shall satisfy this obligation by paying $ 14 $443,822.33 within ten (10) business days after entry of this Final Judgment by 15 certified check, bank cashier’s check, or United States postal money order payable 16 to the Securities and Exchange Commission. The payment shall be delivered or 17 mailed to the Office of Financial Management, Securities and Exchange 18 Commission, Operations Center, 6432 General Green Way, Mail Stop 0-3, 19 Alexandria, Virginia 22312, and shall be accompanied by a letter identifying Vispi 20 B. Shroff as a defendant in this action; setting forth the title and civil action 21 number of this action and the name of this Court; and specifying that payment is 22 made pursuant to this Final Judgment. Defendant shall pay post-judgment interest 23 on any delinquent amounts pursuant to 28 USC § 1961. The Commission shall 24 remit the funds paid pursuant to this paragraph to the United States Treasury. 25 IV. 26 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 27 Consent is incorporated herein with the same force and effect as if fully set forth 28 herein, and that Defendant shall comply with all of the undertakings and 3 1 agreements set forth therein. 2 V. 3 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this 4 Court shall retain jurisdiction of this matter for the purposes of enforcing the terms 5 of this Final Judgment. VI. 6 7 There being no just reason for delay, pursuant to Rule 54(b) of the Federal 8 Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment against 9 defendant Vispi B. Shroff forthwith and without further notice. 10 IT IS SO ORDERED. 11 12 13 Dated: 11/23/09 ____________________________________ THE HON. S. JAMES OTERO UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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