Securities And Exchange Commission v. Son et al, No. 3:2009cv02554 - Document 79 (N.D. Cal. 2011)

Court Description: FINAL JUDGMENT AS TO SNC ASSET MANAGEMENT, INC. Signed by Judge Maxine M. Chesney on June 16, 2011. (mmclc1, COURT STAFF) (Filed on 6/16/2011)

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Securities And Exchange Commission v. Son et al 1 2 3 4 5 6 Doc. 79 ROBERT TASHJIAN (Cal. Bar No. 191007) tashjianr@sec.gov THOMAS J. EME (Illinois Bar. No. 6224870) emet@sec.gov Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 44 Montgomery Street, 26th Floor San Francisco, California 94104 Telephone: (415) 705-2500 Facsimile: (415) 705-2501 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 SECURITIES AND EXCHANGE COMMISSION, 12 13 Plaintiff, v. 15 [PROPOSED] FINAL JUDGMENT AS TO SNC ASSET MANAGEMENT, INC. PETER C. SON, JIN K. CHUNG, SNC ASSET MANAGEMENT, INC., and SNC INVESTMENTS, INC., 16 Case No. CV-09-2554 MMC Defendants. 14 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com FINAL JUDGMENT AS TO SNC ASSET MANAGEMENT, INC. 1 2 The Securities and Exchange Commission having filed a Complaint and Defendant 3 SNC Asset Management, Inc. having entered a general appearance; consented to the Court’s 4 jurisdiction over Defendant and the subject matter of this action; consented to entry of this 5 Final Judgment without admitting or denying the allegations of the Complaint (except as to 6 jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal 7 from this Final Judgment: I. 8 9 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and 10 Defendant’s agents, servants, employees, attorneys, and all persons in active concert or 11 participation with them who receive actual notice of this Final Judgment by personal service 12 or otherwise are permanently restrained and enjoined from violating, directly or indirectly, 13 Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. 14 § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any 15 means or instrumentality of interstate commerce, or of the mails, or of any facility of any 16 national securities exchange, in connection with the purchase or sale of any security: 17 (a) to employ any device, scheme, or artifice to defraud; 18 (b) to make any untrue statement of a material fact or to omit to state a material 19 fact necessary in order to make the statements made, in the light of the 20 circumstances under which they were made, not misleading; or 21 22 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 23 II. 24 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 25 Defendant and Defendant’s agents, servants, employees, attorneys, and all persons in active 26 concert or participation with them who receive actual notice of this Final Judgment by 27 personal service or otherwise are permanently restrained and enjoined from violating Section 28 17(a) of the Securities Act of 1933 (the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or [PROPOSED] FINAL JUDGMENT AS TO SNCA 1 CASE NO. CV-09-2554 MMC 1 sale of any security by the use of any means or instruments of transportation or 2 communication in interstate commerce or by use of the mails, directly or indirectly: 3 (a) to employ any device, scheme, or artifice to defraud; 4 (b) to obtain money or property by means of any untrue statement of a material 5 fact or any omission of a material fact necessary in order to make the 6 statements made, in light of the circumstances under which they were made, 7 not misleading; or (c) 8 to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. 9 III. 10 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent of 11 12 SNC Asset Management, Inc. is incorporated herein with the same force and effect as if fully 13 set forth herein, and that Defendant shall comply with all of the undertakings and agreements 14 set forth therein. IV. 15 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall 16 17 retain jurisdiction of this matter for the purposes of enforcing the terms of this Final 18 Judgment. 19 // 20 // 21 // 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT AS TO SNCA 2 CASE NO. CV-09-2554 MMC June 16 2011

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