United States District Court, D. Massachusetts
FINAL JUDGMENT AS TO DEFENDANT JONATHAN
MORRONE
DOUGLAS P. WOODLOCK UNITED STATES DISTRICT JUDGE
WHEREAS,
Plaintiff Securities and Exchange Commission
(“Commission”) filed a Complaint, and defendant
Jonathan Morrone (“Morrone”) answered the
Complaint; WHEREAS, the Commission moved for summary judgment
on its claims against Morrone, and the parties thereafter
briefed and argued this motion; and
WHEREAS,
the Court has issued a Memorandum and Order granting the
Commission's motion for summary judgment against Morrone:
I.
IT IS
HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Morrone
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;
(b) to make any untrue statement of a material fact or to
omit to state a material fact Necessary in order to make the
statements made, in the light of the circumstances under
which they were made, not misleading; or
(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
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 Morrone's officers, agents, servants,
employees, and attorneys; and (b) other persons in active
concert or participation with Defendant Morrone or with
anyone described in (a).
II.
IT IS
HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
Morrone 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; or
(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 Morrone's officers, agents, servants,
employees, and attorneys; and (b) other ...