Securities and Exchange Commission v. Jammin Java Corp. et al, No. 2:2015cv08921 - Document 156 (C.D. Cal. 2016)
Court Description: FINAL JUDGMENT AS TO DEFENDANT ALEXANDER J. HUNTER (now known as John Alexander) by Judge Stephen V. Wilson, Related to: NOTICE OF MOTION AND MOTION to Approve Consent Judgment as to Alexander J. Hunter and Thomas E. Hunter 148 . IT IS HE REBY ordered, adjudged, and decreed that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act), 15 U.S.C. § 78j(b), and Rule 10b-5 promulg ated thereunder, 17 C.F.R. § 240.10b-5, by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security: (see document for specifics). (mrgo)
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Securities and Exchange Commission v. Jammin Java Corp. et al Doc. 156 Dockets.Justia.com 1 The Securities and Exchange Commission (“Commission”) having filed a Complaint 2 and Defendant Alexander J. Hunter, now known as John Alexander (“Defendant”), having 3 entered a general appearance; consented to the Court’s jurisdiction over Defendant and the 4 subject matter of this action; consented to entry of this Final Judgment without admitting or 5 denying the allegations of the Complaint (except as to jurisdiction and except as otherwise 6 provided herein in Paragraph VI); waived findings of fact and conclusions of law; and waived 7 any right to appeal from this Final Judgment: 8 I. 9 IT IS HEREBY ordered, adjudged, and decreed that Defendant is permanently 10 restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities 11 Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated 12 thereunder, 17 C.F.R. § 240.10b-5, by using any means or instrumentality of interstate commerce, 13 or of the mails, or of any facility of any national securities exchange, in connection with the 14 purchase or sale of any security: 15 (a) to employ any device, scheme, or artifice to defraud; 16 (b) to make any untrue statement of a material fact or to omit to state a material fact 17 necessary in order to make the statements made, in the light of the circumstances 18 under which they were made, not misleading; or 19 20 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 21 IT IS FURTHER ordered, adjudged, and decreed that, as provided in Federal Rule of 22 Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual 23 notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers, agents, 24 servants, employees, and attorneys; and (b) other persons in active concert or participation 25 with Defendant or with anyone described in (a). 26 II. 27 IT IS FURTHER ordered, adjudged, and decreed that Defendant is permanently 28 restrained and enjoined from violating Section 17(b) of the Securities Act of 1933 (the 1 1 “Securities Act”), 15 U.S.C. § 77q(b), by using any means or instruments of transportation or 2 communication in interstate commerce or by use of the mails, directly or indirectly: 3 (a) to publish, give publicity to, or circulate any notice, circular, advertisement, 4 newspaper, article, letter, investment service, or communication which, though 5 not purporting to offer a security for sale, describes such security; 6 (b) 7 8 9 for a consideration received or to be received, directly or indirectly, from an issuer, underwriter, or dealer; (c) without fully disclosing the receipt, whether past or prospective, of such consideration and the amount thereof. 10 IT IS FURTHER ordered, adjudged, and decreed that, as provided in Federal Rule of 11 Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual 12 notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers, agents, 13 servants, employees, and attorneys; and (b) other persons in active concert or participation 14 with Defendant or with anyone described in (a). 15 16 III. IT IS HEREBY FURTHER ordered, adjudged, and decreed that, for five years from 17 the date of entry of this Final Judgment, Defendant is barred from participating in an offering 18 of penny stock, including engaging in activities with a broker, dealer, or issuer for purposes of 19 issuing, trading, or inducing or attempting to induce the purchase or sale of any penny stock. A 20 penny stock is any equity security that has a price of less than five dollars, except as provided 21 in Rule 3a51-1 under the Exchange Act, 17 C.F.R. § 240.3a51-1. 22 IV. 23 IT IS FURTHER ordered, adjudged, and decreed that Defendant shall pay a civil 24 penalty in the amount of $300,000 to the Commission pursuant to Section 20(d) of the 25 Securities Act and Section 21(d)(3) of the Exchange Act. Defendant shall make this payment 26 within 14 days after entry of this Final Judgment. 27 Defendant may transmit payment electronically to the Commission, which will provide 28 detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly 2 1 from a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/ 2 offices/ofm.htm. Defendant may also pay by certified check, bank cashier’s check, or United 3 States postal money order payable to the Securities and Exchange Commission, which shall be 4 delivered or mailed to: 5 6 7 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 8 and shall be accompanied by a letter identifying the case title, civil action number, and name of 9 this Court; Alexander J. Hunter as a defendant in this action; and specifying that payment is 10 11 made pursuant to this Final Judgment. Defendant shall simultaneously transmit photocopies of evidence of payment and case 12 identifying information to the Commission’s counsel in this action. By making this payment, 13 Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part 14 of the funds shall be returned to Defendant. The Commission shall send the funds paid 15 pursuant to this Final Judgment to the United States Treasury. Defendant shall pay post- 16 judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. 17 18 V. IT IS FURTHER ordered, adjudged, and decreed that the Consent is incorporated 19 herein with the same force and effect as if fully set forth herein, and that Defendant shall 20 comply with all of the undertakings and agreements set forth therein. 21 22 VI. IT IS FURTHER ordered, adjudged, and decreed that, solely for purposes of exceptions 23 to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. § 523, the allegations 24 in the complaint are true and admitted by Defendant, and further, any debt for disgorgement, 25 prejudgment interest, civil penalty or other amounts due by Defendant under this Final 26 Judgment or any other judgment, order, consent order, decree or settlement agreement entered 27 in connection with this proceeding, is a debt for the violation by Defendant of the federal 28 securities laws or any regulation or order issued under such laws, as set forth in 3
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