Securities and Exchange Commission v. Richard Vu Nguyen et al, No. 8:2019cv01174 - Document 160 (C.D. Cal. 2021)
Court Description: FINAL JUDGMENT AS TO DEFENDANT NTV FINANCIAL GROUP, INC. by Judge Stephen V. Wilson, in favor of Securities and Exchange Commission against NTV Financial Group, Inc. in the principal amount of $1,397.772.00, interest in the amount of $105, 782.04, attorneys fees of $0.00, costs of $0.00 for a total judgment of $1,503,554.04. Related to: Stipulation for Judgment 159 . IT IS HEREBY 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 promulgated 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 attached document for details). (MD JS-6, Case Terminated). (mrgo)
Download PDF
<![CDATA[
Securities and Exchange Commission v. Richard Vu Nguyen et al Doc. 160 1 JS-6 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 Plaintiff, 14 15 16 Case No. 8:19-cv-01174-SVW-KES FINAL JUDGMENT AS TO DEFENDANT NTV FINANCIAL GROUP, INC. vs. RICHARD VU NGUYEN, A/K/A NGUYEN THANH VU, and NTV FINANCIAL GROUP, INC., 17 Defendants, 18 19 20 21 and MAI DO, Relief Defendant. 22 23 24 25 26 27 28 Dockets.Justia.com 1 FINAL JUDGMENT AS TO DEFENDANT 2 NTV FINANCIAL GROUP, INC. 3 The Securities and Exchange Commission having filed a Complaint and 4 Defendant NTV Financial Group, Inc. (“Defendant”) having entered a general 5 appearance; consented to the Court’s jurisdiction over Defendant and the subject 6 matter of this action; consented to entry of this Final Judgment without admitting 7 or denying the allegations of the Complaint (except as to jurisdiction and except as 8 otherwise provided herein); waived findings of fact and conclusions of law; and 9 waived any right to appeal from this Final Judgment: I. 10 11 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant 12 is permanently restrained and enjoined from violating, directly or indirectly, 13 Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 14 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], 15 by using any means or instrumentality of interstate commerce, or of the mails, or 16 of any facility of any national securities exchange, in connection with the purchase 17 or sale of any security: 18 (a) to employ any device, scheme, or artifice to defraud; 19 (b) to make any untrue statement of a material fact or to omit to state a 20 material fact necessary in order to make the statements made, in the 21 light of the circumstances under which they were made, not 22 misleading; or 23 24 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 25 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 26 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 27 binds the following who receive actual notice of this Final Judgment by personal 28 2 1 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 2 attorneys; and (b) other persons in active concert or participation with Defendant 3 or with anyone described in (a). 4 5 II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED 6 that Defendant is permanently restrained and enjoined from violating Section 17(a) 7 of the Securities Act of 1933 (the “Securities Act”) [15 U.S.C. § 77q(a)] in the 8 offer or sale of any security by the use of any means or instruments of 9 transportation or communication in interstate commerce or by use of the mails, 10 directly or indirectly: 11 (a) to employ any device, scheme, or artifice to defraud; 12 (b) to obtain money or property by means of any untrue statement of a 13 material fact or any omission of a material fact necessary in order to 14 make the statements made, in light of the circumstances under which 15 they were made, not misleading; or 16 17 (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. 18 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 19 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 20 binds the following who receive actual notice of this Final Judgment by personal 21 service or otherwise: (a) Defendant’s officers, agents, servants, employees, and 22 attorneys; and (b) other persons in active concert or participation with Defendant 23 or with anyone described in (a). 24 25 III. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant 26 is permanently restrained and enjoined from violating, directly or indirectly, while 27 acting as an investment adviser, Sections 206(1) and (2) of the Investment 28 3 1 Advisers Act of 1940 (“Advisers Act”) [15 U.S.C. §§ 80b-6(1) and (2)] by using 2 the mails or any means or instrumentality of interstate commerce: 3 (a) prospective client; or 4 5 to employ any device, scheme, or artifice to defraud any client or (b) to engage in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or prospective client. 6 7 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 8 provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also 9 binds the following who receive actual notice of this Judgment by personal service 10 or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; 11 and (b) other persons in active concert or participation with Defendant or with 12 anyone described in (a). IV. 13 14 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant 15 is permanently restrained and enjoined from violating, directly or indirectly, while 16 acting as an investment adviser to a pooled investment vehicle, directly or 17 indirectly, Section 206(4) of the Adviser Act [15 U.S.C. § 80b-6(4)] and Rule 18 206(4)-8 promulgated thereunder [17 C.F.R. § 275.206(4)-8], by using the mails or 19 means or instrumentalities of interstate commerce: 20 (a) to make untrue statements of material fact or omit to state a material 21 fact necessary in order to make the statements made, in the light of the 22 circumstances under which there were made, not misleading, to any 23 investor or prospective investor in the pooled investment vehicle; or 24 (b) to engage in acts, practices, or courses of business that are fraudulent, 25 deceptive, or manipulative with respect to any investor or prospective 26 investor in the pooled investment vehicle. 27 28 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as 4 1 2 PROOF OF SERVICE I am over the age of 18 years and not a party to this action. My business address is: 3 U.S. SECURITIES AND EXCHANGE COMMISSION, 444 S. Flower Street, Suite 900, Los Angeles, California 90071 Telephone No. (323) 965-3998; Facsimile No. (213) 443-1904. 4 5 6 7 8 9 10 11 12 13 14 15 16 On November 8, 2021, I caused to be served the document entitled [PROPOSED] FINAL JUDGMENT AS TO DEFENDANT NTV FINANCIAL GROUP, INC. on all the parties to this action addressed as stated on the attached service list: OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and mailing today following ordinary business practices. I am readily familiar with this agency’s practice for collection and processing of correspondence for mailing; such correspondence would be deposited with the U.S. Postal Service on the same day in the ordinary course of business. PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s), which I personally deposited with the U.S. Postal Service. Each such envelope was deposited with the U.S. Postal Service at Los Angeles, California, with first class postage thereon fully prepaid. EXPRESS U.S. MAIL: Each such envelope was deposited in a facility regularly maintained at the U.S. Postal Service for receipt of Express Mail at Los Angeles, California, with Express Mail postage paid. HAND DELIVERY: I caused to be hand delivered each such envelope to the office of the addressee as stated on the attached service list. 18 UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated by United Parcel Service (“UPS”) with delivery fees paid or provided for, which I deposited in a facility regularly maintained by UPS or delivered to a UPS courier, at Los Angeles, California. 19 17 20 21 22 23 24 25 26 ELECTRONIC MAIL: By transmitting the document by electronic mail to the electronic mail address as stated on the attached service list. E-FILING: By causing the document to be electronically filed via the Court’s CM/ECF system, which effects electronic service on counsel who are registered with the CM/ECF system. FAX: By transmitting the document by facsimile transmission. The transmission was reported as complete and without error. I declare under penalty of perjury that the foregoing is true and correct. Date: November 8, 2021 /s/ Douglas M. Miller Douglas M. Miller 27 28 6 2 SEC v. Richard Vu Nguyen, et al. United States District Court—Central District of California Case No. 8:19-cv-01174-SVW-KES 3 SERVICE LIST 1 4 5 Counsel for Defendant(s) Richard Vu Nguyen and Relief Defendant Mai Do: 6 7 8 9 10 11 12 13 Mike N. Vo 17910 Skypark Circle, Suite 103 Irvine, CA 92614 mvo@mikevolaw.com Counsel for NTV Financial, Inc.: Kyra Andrassy for Court Appointed Receiver kandrassy@swelawfirm.com Court-Appointed Receiver: 14 15 16 Jeffrey E. Brandlin, CPA Brandlin & Associates jeff@brandlin.com 17 18 19 20 21 22 23 24 25 26 27 28 7
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
