Securities and Exchange Commission v. Medical Capital Holdings Inc et al, No. 8:2009cv00818 - Document 1410 (C.D. Cal. 2016)
Court Description: FINAL JUDGMENT AGAINST DEFENDANT JOSEPH J LAMPARIELLO by Judge David O. Carter: Re Stipulation for Judgment 1409 (mt)
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Securities and Exchange Commission v. Medical Capital Holdings Inc et al 1 2 3 4 5 6 Doc. 1410 JOHN B. BULGOZDY, Cal. Bar No. 219897 Email: bulgozdyj@sec.gov Attorney for Plaintiff Securities and Exchange Commission Michele Wein Layne, Regional Director John W. Berry, Acting Regional Trial Counsel 444 S. Flower Street, Suite 900 Los Angeles, California 90071 Telephone: (323) 965-3998 Facsimile: (213) 443-1904 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 SOUTHERN DIVISION 10 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 14 15 16 17 18 19 Plaintiff, vs. Case No. 09-CV-818 DOC (RNBx) FINAL JUDGMENT AGAINST DEFENDANT JOSEPH J. LAMPARIELLO [1409] MEDICAL CAPITAL HOLDINGS, INC.; MEDICAL CAPITAL CORPORATION; MEDICAL PROVIDER FUNDING CORPORATION VI; SIDNEY M. FIELD; and JOSEPH J. LAMPARIELLO, Defendants. 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 The Securities and Exchange Commission having filed a Complaint and 2 Defendant Joseph J. Lampariello (“Defendant”) having entered a general 3 appearance; consented to the Court’s jurisdiction over Defendant and the subject 4 matter of this action; made admissions concerning his conduct; and stipulated to 5 entry of this Final 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 Section 17(a) of the Securities Act of 1933 (“Securities Act”), 15 U.S.C. 12 § 77q(a), in the offer or sale of any security by the use of any means or instruments 13 of transportation or communication in interstate commerce or by use of the mails, 14 directly or indirectly: 15 (a) to employ any device, scheme, or artifice to defraud; 16 (b) to obtain money or property by means of any untrue statement 17 of a material fact or any omission of a material fact necessary in 18 order to make the statements made, in light of the 19 circumstances under which they were made, not misleading; or 20 (c) to engage in any transaction, practice, or course of business 21 which operates or would operate as a fraud or deceit upon the 22 purchaser. 23 24 II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 25 that Defendant and Defendant’s agents, servants, employees, attorneys, and all 26 persons in active concert or participation with them who receive actual notice of 27 this Judgment by personal service or otherwise are permanently restrained and 28 enjoined from violating, directly or indirectly, Section 10(b) of the Securities 1 1 Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5 2 promulgated thereunder, 17 C.F.R. § 240.10b-5, by using any means or 3 instrumentality of interstate commerce, or of the mails, or of any facility of any 4 national securities exchange, in connection with the purchase or sale of any 5 security: 6 (a) to employ any device, scheme, or artifice to defraud; 7 (b) to make any untrue statement of a material fact or to omit to 8 state a material fact necessary in order to make the statements 9 made, in the light of the circumstances under which they were made, not misleading; or 10 11 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 12 III. 13 14 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 15 that Plaintiff’s claims for disgorgement of ill-gotten gains, prejudgment interest 16 thereon, and a civil penalty pursuant are DISMISSED. 17 IV. 18 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this 19 Court shall retain jurisdiction of this matter for the purposes of enforcing the terms 20 of this Judgment. 21 IT IS SO ORDERED. 22 23 24 DATED: November 14, 2016 _________________________________ HON. DAVID O. CARTER UNITED STATES DISTRICT JUDGE 25 26 27 28 2
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