The Commission repeats and realleges the allegations set forth in Paragraphs 1 and 25 as though completely established herein.
Violations of Section 17(a) of this Securities Act, Section 10(b) for the Exchange Act, and Rule 10b-5 thereunder
27. The defendants, straight and indirectly, singly as well as in concert, knowingly or recklessly, by way of the means or instruments of transport or interaction in, as well as the means or instrumentalities of, interstate business, or by way of the mails, into the offer or purchase, and in experience of the purchase or sale, of securities: (a) used products, schemes or artifices to defraud; (b) acquired cash or home by way of, or perhaps made untrue statements of material reality, or omitted to convey product facts required to result in the statements, in light associated with the circumstances under that they had been made, maybe not deceptive; and (c) involved with transactions, functions, methods and courses of company which operated or would run as being a fraudulence or deceit upon purchasers of securities or any other people.
28. The defendants, directly or indirectly, made the representations and omitted to state the facts alleged in paragraphs 1 through 2, and 11 through 21, above as part of and in furtherance of this violative conduct.
29. The statements that are false omissions produced by defendants, more completely described in paragraphs 1 through 2, and 11 through 21, above, were product.
30. The defendants knew, or had been careless in being unsure of, that the product misrepresentations, more completely described in paragraphs 1 through 2, and 11 through 21 above, had been misleading or false.
31. By explanation of this foregoing, the defendants have actually violated, are planning to
violate, and unless restrained and enjoined will stay to violate Section 17(a) of this Securities Act, 15 U.S.C. В§ 77q(a), and section b that is 10( for the Exchange Act, 15 U.S.C. В§ 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. В§ 240.10b-5.
WHEREFORE , Plaintiff Commission respectfully requests that this Court:
A. Grant an Order temporarily and preliminarily, and a Final Judgment completely enjoining defendants, their officers, agents, servants, workers, lawyers, and all sorts of individuals in active concert or involvement from future violations of Sections 5(a) and (c), 15 U.S.C. В§В§ 77e(a) and 77e(c), and 17(a) of the Securities Act, 15 U.S.C. В§ 77q(a) with them who receive actual notice of the injunction by personal service or otherwise, and each of them.
B. Grant an Order temporarily and preliminarily, and a Final Judgment completely enjoining defendants, their officers, agents, servants, workers, lawyers, and all sorts of people in active concert or involvement from future violations of Section 10(b) of the Exchange Act, 15 U.S.C. В§ 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. В§ 240.10b-5 with them who receive actual notice of the injunction by personal service or otherwise, and each of them.
C. Grant an Order directing defendants, and every of those, to register with this particular Court and provide upon plaintiff, within three company times, or within such extension of the time since the Commission agrees, a confirmed written accounting, finalized by them under penalty of perjury, of:
1. All assets, liabilities and home currently held straight or indirectly by or even for the advantage of defendants, and every of these, including although not restricted to bank records, brokerage records, assets, company passions, loans, personal lines of credit, and genuine and property that is personal situated, describing each asset and obligation, as well as its present location and quantity;
2. All cash, property, assets, along with other earnings gotten by defendants, and every of these, or even for their direct or benefit that is indirect in or whenever you want from might 22, 2001 into the date associated with the accounting, explaining the foundation, quantity, disposition and present location of each and every regarding the products detailed;
3. The names and final known addresses of most bailees, debtors, along with other people and entities that are presently keeping the assets, funds or home of defendants, and every of those; and
4. All assets, funds, securities, genuine or individual home gotten by defendants, and every of those, or just about any other individual managed by them, from individuals whom offered cash to defendants regarding the the offer, purchase or purchase payday loans Cardova TN of opportunities of any sort, therefore the disposition of these assets, funds, opportunities, and real or individual home.