United States District Court, D. Massachusetts
FINAL JUDGMENT AS TO DEFENDANT BRETT
HAMBURGER
DOUGLAS P. WOODLOCK UNITED STATES DISTRICT JUDGE
WHEREAS,
Plaintiff Securities and Exchange Commission
(“Commission”) filed a Complaint, and defendant
Brett Hamburger (“Hamburger”) answered the
Complaint;
WHEREAS,
the Commission moved for summary judgment on its claims
against Hamburger, and the parties thereafter briefed and
argued this motion; and
WHEREAS,
the Court issued a Memorandum and Order granting the
Commission's motion for summary judgment against
Hamburger:
I.
IT IS
HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant
Hamburger 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:
(a) to employ any device, scheme, or artifice to defraud; or
(b) 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
Federal Rule of Civil Procedure 65(d)(2), the foregoing
paragraph also binds the following who receive actual notice
of this Final Judgment by personal service or otherwise: (a)
Defendant Hamburger's officers, agents, servants,
employees, and attorneys; and (b) other persons in active
concert or participation with Defendant Hamburger or with
anyone described in (a).
II.
IT IS
HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
Hamburger is permanently restrained and enjoined from
violating Section 17(a) of the Securities Act of 1933 (the
“Securities Act”) [15 U.S.C. § 77q(a)] in
the offer or sale of any security by the use of any means or
instruments of transportation or communication in interstate
commerce or by use of the mails, directly or indirectly:
(a) to employ any device, scheme, or artifice to defraud;
(b) 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
Federal Rule of Civil Procedure 65(d)(2), the foregoing
paragraph also binds the following who receive actual notice
of this Final Judgment by personal service or otherwise: (a)
Defendant Hamburger's officers, agents, servants,
employees, and attorneys; and (b) other persons ...