Securities & Exchange Commission v. Arvco Capital Research, LLC. et al, No. 3:2012cv00221 - Document 117 (D. Nev. 2016)

Court Description: FINAL JUDGMENT as to Arvco Capital Research, LLC. Signed by Judge Miranda M. Du on 1/11/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Securities & Exchange Commission v. Arvco Capital Research, LLC. et al Doc. 117 Case 3:12-cv-00221-MMD-WGC Document 115-1 Filed 01/08/16 Page 1 of 5 1 2 3 4 5 6 7 DAVID J. VAN HAVERMAAT, Cal. Bar No. 175761 E-mail: vanhavermaatd@sec.gov LYNN M. DEAN, Cal. Bar 205562 E-mail: deanl@sec.gov Attorneys for Plaintiff Securities and Exchange Commission Michele Wein Layne, Regional Director John W. Berry, Regional Trial Counsel 444 S. Flower Street, Suite 900 Los Angeles, California 90071 Telephone: (323) 965-3998 Facsimile: (213) 443-1904 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 14 15 16 17 18 19 Plaintiff, Case No. 3:12-cv-00221-MMD-WGC FINAL JUDGMENT AS TO ARVCO CAPITAL RESEARCH, LLC vs. ARVCO CAPITAL RESEARCH, LLC, ARVCO FINANCIAL VENTURES, LLC, ALFRED J.R. VILLALOBOS, and FEDERICO (“FRED”) R. BUENROSTRO, Defendants. 20 21 22 23 24 25 26 27 28 Dockets.Justia.com Case 3:12-cv-00221-MMD-WGC Document 115-1 Filed 01/08/16 Page 2 of 5 1 JUDGMENT AS TO ARVCO CAPITAL RESEARCH, LLC 2 The Securities and Exchange Commission having filed a Complaint and Defendant 3 ARVCO Capital Research, LLC having entered a general appearance; consented to the 4 Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of 5 this Final Judgment without admitting or denying the allegations of the Complaint (except as to 6 jurisdiction and except as otherwise provided herein in paragraph IV); waived findings of fact 7 and conclusions of law; and waived any right to appeal from this Judgment: 8 I. 9 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 10 permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the 11 Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 12 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of 13 interstate commerce, or of the mails, or of any facility of any national securities exchange, in 14 connection with the purchase or sale of any security: 15 (a) to employ any device, scheme, or artifice to defraud; 16 (b) to make any untrue statement of a material fact or to omit to state a material fact 17 necessary in order to make the statements made, in the light of the circumstances 18 under which they were made, not misleading; or 19 20 21 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 22 Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who 23 receive actual notice of this Judgment by personal service or otherwise: (a) Defendant’s officers, 24 agents, servants, employees, and attorneys; and (b) other persons in active concert or 25 participation with Defendant or with anyone described in (a). 26 II. 27 IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant 28 is permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 2 Case 3:12-cv-00221-MMD-WGC Document 115-1 Filed 01/08/16 Page 3 of 5 1 (the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any 2 means or instruments of transportation or communication in interstate commerce or by use of the 3 mails, directly or indirectly: 4 (a) to employ any device, scheme, or artifice to defraud; 5 (b) to obtain money or property by means of any untrue statement of a material fact 6 or any omission of a material fact necessary in order to make the statements 7 made, in light of the circumstances under which they were made, not misleading; 8 or 9 10 11 (c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 12 Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who 13 receive actual notice of this Judgment by personal service or otherwise: (a) Defendant’s officers, 14 agents, servants, employees, and attorneys; and (b) other persons in active concert or 15 participation with Defendant or with anyone described in (a). 16 17 18 III. 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 Judgment. 19 20 21 IV. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Judgment forthwith and without further notice. 22 23 24 25 January 11, 2016 Dated: ______________ ____________________________________ HON. MIRANDA M. DU UNITED STATES DISTRICT JUDGE 26 27 28 3