Securities and Exchange Commission v. Gendarme Capital Corporation et al, No. 2:2011cv00053 - Document 54 (E.D. Cal. 2014)
Court Description: FINAL JUDGMENT against Defendant Ezat Rahimi signed by Judge Kimberly J. Mueller on 5/22/14. (Kaminski, H)
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Securities and Exchange Commission v. Gendarme Capital Corporation et al Doc. 54 1 JINA L. CHOI (Admitted to the N.Y. Bar) MICHAEL S. DICKE (Cal. Bar No. 158187) 2 SUSAN F. LA MARCA (Cal. Bar No. 213251) lamarcas@sec.gov 3 JEREMY E. PENDREY (Cal. Bar No. 187075) pendreyj@sec.gov 4 5 Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 6 44 Montgomery Street, Suite 2800 San Francisco, California 94104 7 Telephone: (415) 705-2500 Facsimile: (415) 705-2501 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 14 SECURITIES AND EXCHANGE COMMISSION, 15 16 Case No. 2:11-CV-00053-KJM-KJN Plaintiff, v. FINAL JUDGMENT AGAINST DEFENDANT EZAT RAHIMI 17 GENDARME CAPITAL CORPORATION, IAN LAMPHERE, EZAT RAHIMI, and CASSANDRA 18 ARMENTO, 19 Defendants. 20 21 22 23 24 25 26 27 28 RAHIMI FINAL JUDGMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2800 SAN FRANCISCO, CA 94104 (415) 705-2500 Dockets.Justia.com 1 The Securities and Exchange Commission having filed a Complaint and Defendant Ezat 2 Rahimi (“Defendant”) having entered a general appearance; consented to the Court’s jurisdiction 3 over Defendant and the subject matter of this action; consented to entry of this Final Judgment 4 without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived 5 findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: 6 I. 7 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and 8 Defendant’s agents, servants, employees, attorneys, and all persons in active concert or 9 participation with them who receive actual notice of this Final Judgment by personal service or 10 otherwise are permanently restrained and enjoined from violating Section 5(a) and 5(c) of the 11 Securities Act [15 U.S.C. §§ 77e(a) and 77(e)(c)] by, directly or indirectly, in the absence of any 12 applicable exemption: 13 (a) Unless a registration statement is in effect as to a security, making use of any means 14 or instruments of transportation or communication in interstate commerce or of the 15 mails to sell such security through the use or medium of any prospectus or 16 otherwise; or 17 (b) Making use of any means or instruments of transportation or communication in 18 interstate commerce or of the mails to offer to sell or offer to buy through the use or 19 medium of any prospectus or otherwise any security, unless a registration statement 20 has been filed with the Commission as to such security, or while the registration 21 statement is the subject of a refusal order or stop order or (prior to the effective date 22 of the registration statement) any public proceeding or examination under Section 8 23 of the Securities Act [15 U.S.C. § 77h]. 24 25 26 27 28 RAHIMI FINAL JUDGMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN 1 SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2800 SAN FRANCISCO, CA 94104 (415) 705-2500 II. 1 2 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 3 and Defendant’s agents, servants, employees, attorneys, and all persons in active concert or 4 participation with them who receive actual notice of this Final Judgment by personal service or 5 otherwise are permanently restrained and enjoined from, through any entity owned or controlled 6 by Defendant, participating in the issuance, offer, or sale of any security in an unregistered 7 transaction; provided, however, that such injunction shall not prevent Defendant from purchasing 8 or selling securities listed on a national securities exchange for his own personal account. 9 10 III. 11 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent of 12 Defendant Ezat Rahimi to Entry of Final Judgment is incorporated herein with the same force and 13 effect as if fully set forth herein, and that Defendant shall comply with all of the undertakings and 14 agreements set forth therein. 15 IV. 16 17 18 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. 19 20 Dated: May 22, 2014. 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 RAHIMI FINAL JUDGMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN 2 SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2800 SAN FRANCISCO, CA 94104 (415) 705-2500
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