Securities and Exchange Commission v. Jammin Java Corp. et al, No. 2:2015cv08921 - Document 199 (C.D. Cal. 2017)
Court Description: FINAL JUDGMENT AS TO DEFENDANT MOHAMMED A. AL-BARWANI by Judge Stephen V. Wilson. IT IS HEREBY ordered, adjudged, and decreed that Defendant is permanently restrained and enjoined from violating Section 5 of the Securities Act of 1933 (Securiti es Act), 15 U.S.C. § 77e. IT IS FURTHER ordered, adjudged, and decreed that Defendant is liable for disgorgement of $270,000.00, representing profits gained as a result of the conduct alleged in the Amended Complaint, together with prejudgment interest thereon in the amount of $41,203.81, for a total of $311,203.81. See document for details. (lom)
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Securities and Exchange Commission v. Jammin Java Corp. et al Doc. 199 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 SECURITIES AND EXCHANGE COMMISSION, Case No. 2:15-cv-08921 SVW (MRWx) 13 Plaintiff, 14 15 16 17 18 19 20 vs. FINAL JUDGMENT AS TO DEFENDANT MOHAMMED A. AL-BARWANI JAMMIN’ JAVA CORP., dba MARLEY COFFEE, SHANE G. WHITTLE, WAYNE S. P. WEAVER, MICHAEL K. SUN, RENE BERLINGER, STEPHEN B. WHEATLEY, KEVIN P. MILLER, MOHAMMED A. ALBARWANI, ALEXANDER J. HUNTER, and THOMAS E. HUNTER, Defendants. 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 The Securities and Exchange Commission (“Commission”) having filed an Amended 2 Complaint and Defendant Mohammed A. Al-Barwani (“Defendant”) having entered a general 3 appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this 4 action; consented to entry of this Final Judgment without admitting or denying the allegations 5 of the Amended Complaint (except as to jurisdiction and except as otherwise provided herein 6 in paragraph VI); waived findings of fact and conclusions of law; and waived any right to 7 appeal from this Final Judgment: 8 9 I. IT IS HEREBY ordered, adjudged, and decreed that Defendant is permanently 10 restrained and enjoined from violating Section 5 of the Securities Act of 1933 (“Securities 11 Act”), 15 U.S.C. § 77e, by, directly or indirectly, in the absence of any applicable exemption: 12 (a) unless a registration statement is in effect as to a security, making use of any 13 means or instruments of transportation or communication in interstate commerce or of the 14 mails to sell such security through the use or medium of any prospectus or otherwise; 15 (b) unless a registration statement is in effect as to a security, carrying or causing to 16 be carried through the mails or in interstate commerce, by any means or instruments of 17 transportation, any such security for the purpose of sale or for delivery after sale; or 18 (c) making use of any means or instruments of transportation or communication in 19 interstate commerce or of the mails to offer to sell or offer to buy through the use or medium of 20 any prospectus or otherwise any security, unless a registration statement has been filed with the 21 Commission as to such security, or while the registration statement is the subject of a refusal 22 order or stop order or (prior to the effective date of the registration statement) any public 23 proceeding or examination under Section 8 of the Securities Act, 15 U.S.C. § 77h. 24 IT IS FURTHER ordered, adjudged, and decreed that, as provided in Federal Rule of 25 Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual 26 notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers, agents, 27 servants, employees, and attorneys; and (b) other persons in active concert or participation 28 with Defendant or with anyone described in (a). 1 II. 1 2 IT IS HEREBY FURTHER ordered, adjudged, and decreed that Defendant is barred, 3 for five years following the date of entry of this Final Judgment, from participating in an 4 offering of penny stock, including engaging in activities with a broker, dealer, or issuer for 5 purposes of issuing, trading, or inducing or attempting to induce the purchase or sale of any 6 penny stock. A penny stock is any equity security that has a price of less than five dollars, 7 except as provided in Rule 3a51-1 under the Exchange Act, 17 C.F.R. § 240.3a51-1. 8 III. 9 IT IS FURTHER ordered, adjudged, and decreed that Defendant is liable for 10 disgorgement of $270,000.00, representing profits gained as a result of the conduct alleged in 11 the Amended Complaint, together with prejudgment interest thereon in the amount of 12 $41,203.81, for a total of $311,203.81. Defendant shall make this payment pursuant to the 13 terms of the payment schedule set forth in paragraph IV below. 14 Defendant may transmit payment electronically to the Commission, which will provide 15 detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly 16 from a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/ 17 offices/ofm.htm. Defendant may also pay by certified check, bank cashier’s check, or United 18 States postal money order payable to the Securities and Exchange Commission, which shall be 19 delivered or mailed to: 20 21 22 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 23 and shall be accompanied by a letter identifying the case title, civil action number, and name of 24 this Court; Mohammed A. Al-Barwani as a defendant in this action; and specifying that 25 payment is made pursuant to this Final Judgment. 26 Defendant shall simultaneously transmit photocopies of evidence of payment and case 27 identifying information to the Commission’s counsel in this action. By making this payment, 28 Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part 2 1 of the funds shall be returned to Defendant. The Commission shall send the funds paid 2 pursuant to this Final Judgment to the United States Treasury. 3 The Commission may enforce the Court’s judgment for disgorgement and prejudgment 4 interest by moving for civil contempt (and/or through other collection procedures authorized 5 by law) at any time after 14 days following entry of this Final Judgment. Defendant shall pay 6 post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. 7 IV. 8 Defendant shall pay the total of disgorgement and prejudgment interest due of 9 $311,203.81 in 4 installments to the Commission according to the following schedule: (1) 10 $62,240.76 within 14 days of entry of this Final Judgment; (2) $62,240.76 within five months 11 of entry of this Final Judgment; (3) $93,361.14 within six months of entry of this Final 12 Judgment; and (4) $93,361.15 within 10 months of entry of this Final Judgment. Payments 13 shall be deemed made on the date they are received by the Commission and shall be applied 14 first to post judgment interest, which accrues pursuant to 28 U.S.C. § 1961 on any unpaid 15 amounts due after 14 days of the entry of Final Judgment. Prior to making the final payment 16 set forth herein, Defendant shall contact the staff of the Commission for the amount due for 17 the final payment. 18 If Defendant fails to make any payment by the date agreed and/or in the amount 19 agreed according to the schedule set forth above, all outstanding payments under this Final 20 Judgment, including post-judgment interest, minus any payments made, shall become due and 21 payable immediately at the discretion of the staff of the Commission without further 22 application to the Court. 23 24 V. IT IS FURTHER ordered, adjudged, and decreed that the Consent is incorporated 25 herein with the same force and effect as if fully set forth herein, and that Defendant shall 26 comply with all of the undertakings and agreements set forth therein. 27 28 VI. IT IS FURTHER ordered, adjudged, and decreed that, solely for purposes of exceptions 3
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