Securities and Exchange Commission v. Anthony Todd Johnson et al, No. 5:2020cv01493 - Document 24 (C.D. Cal. 2020)
Court Description: FINAL JUDGMENT OF PERMANENT INJUNCTION PER STIPULATION AS TO DEFENDANTS GREEN GROWTH VENTURES, LLC AND EXTRACTION CAPITAL TIER 1, LLC AND THEIR AGENTS ETC., (SEE DOCUMENT FOR SPECIFICS) 22 by Judge Mark C. Scarsi (lc)
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Securities and Exchange Commission v. Anthony Todd Johnson et al Doc. 24 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 SECURITIES AND EXCHANGE COMMISSION, Case No. 5:20-cv-01493-MCS (SHKx) Plaintiff, FINAL JUDGMENT AS TO DEFENDANTS GREEN GROWTH VENTURES, LLC AND EXTRACTION CAPITAL TIER 1, LLC 14 15 16 17 18 vs. ANTHONY TODD JOHNSON (aka TODD JOHNSON), et al, Defendants. 19 20 The Securities and Exchange Commission having filed a Complaint and 21 Defendants Green Growth Ventures, LLC and Extraction Capital Tier 1, LLC 22 (collectively, “Defendants”) having entered a general appearance; consented to the 23 Court’s jurisdiction over Defendants and the subject matter of this action; consented 24 to entry of this Final Judgment without admitting or denying the allegations of the 25 Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; 26 and waived any right to appeal from this Final Judgment: 27 28 1 Dockets.Justia.com 1 2 I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants 3 are permanently restrained and enjoined from violating, directly or indirectly, Section 4 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 5 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using 6 any means or instrumentality of interstate commerce, or of the mails, or of any 7 facility of any national securities exchange, in connection with the purchase or sale of 8 any security: 9 (a) to employ any device, scheme, or artifice to defraud; 10 (b) to make any untrue statement of a material fact or to omit to state a 11 material fact necessary in order to make the statements made, in the light 12 of the circumstances under which they were made, not misleading; or 13 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 14 15 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 16 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 17 binds the following who receive actual notice of this Final Judgment by personal 18 service or otherwise: (a) Defendants’ officers, agents, servants, employees, and 19 attorneys; and (b) other persons in active concert or participation with Defendants or 20 with anyone described in (a). II. 21 22 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 23 Defendants are permanently restrained and enjoined from violating Section 17(a) of 24 the Securities Act of 1933 (the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or 25 sale of any security by the use of any means or instruments of transportation or 26 communication in interstate commerce or by use 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 (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. 5 6 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 7 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 8 binds the following who receive actual notice of this Final Judgment by personal 9 service or otherwise: (a) Defendants’ officers, agents, servants, employees, and 10 attorneys; and (b) other persons in active concert or participation with Defendants or 11 with anyone described in (a). III. 12 13 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 14 Defendants are permanently restrained and enjoined from violating Section 5 of the 15 Securities Act [15 U.S.C. § 77e] by, directly or indirectly, in the absence of any 16 applicable exemption: 17 (a) Unless a registration statement is in effect as to a security, making use of 18 any means or instruments of transportation or communication in 19 interstate commerce or of the mails to sell such security through the use 20 or medium of any prospectus or otherwise; 21 (b) Unless a registration statement is in effect as to a security, carrying or 22 causing to be carried through the mails or in interstate commerce, by any 23 means or instruments of transportation, any such security for the purpose 24 of sale or for delivery after sale; or 25 (c) Making use of any means or instruments of transportation or 26 communication in interstate commerce or of the mails to offer to sell or 27 offer to buy through the use or medium of any prospectus or otherwise 28 any security, unless a registration statement has been filed with the 3 1 Commission as to such security, or while the registration statement is the 2 subject of a refusal order or stop order or (prior to the effective date of 3 the registration statement) any public proceeding or examination under 4 Section 8 of the Securities Act [15 U.S.C. § 77h]. 5 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 6 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 7 binds the following who receive actual notice of this Final Judgment by personal 8 service or otherwise: (a) Defendants’ officers, agents, servants, employees, and 9 attorneys; and (b) other persons in active concert or participation with Defendants or 10 with anyone described in (a). 11 IV. 12 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 13 Consent is incorporated herein with the same force and effect as if fully set forth 14 herein, and that Defendants shall comply with all of the undertakings and agreements 15 set forth therein. V. 16 17 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court 18 shall retain jurisdiction of this matter for the purposes of enforcing the terms of this 19 Final Judgment. VI. 20 21 There being no just reason for delay, pursuant to Rule 54(b) of the Federal 22 Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith 23 and without further notice. 24 25 26 Dated: October 29, 2020 _____________________ HON. MARK C. SCARSI U.S. District Court Judge 27 28 4
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