Free Other Notice - District Court of Arizona - Arizona

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8 UNITED STATES DISTRICT COURT
9 DISTRICT OF ARIZONA
10 SECURITIES AND EXCHANGE Case No.: CV-03-2323-PHX—JWS
1 1 COMMISSION,
1, prim, l—l’%‘?§r?r$f£i’Ji¥§¥%i%J‘h‘i~i”(%il[§§T
AND OTHER RELIEF AGAINST
13 V- DEFENDANT WILLIAM A.
KENYON
· 14 TRUST COMPANY,
15 Defendants.
16 Plaintiff Securities and Exchange Commission ("Commission") having
17 filed a Complaint ("Complaint") and Defendant William A. Kenyon ("Kenyon")
18 having entered a general appearance; consented to the Court’s jurisdiction over
‘ 19 Kenyon and the subject matter of this action; consented to entry of this Final
7 20 Judgment of Permanent Injunction and Other Relief Against Defendant William
21 A. Kenyon ("Final Judgment") without admitting or denying the allegations of
22 the Complaint (except as to jurisdiction); waived findings of fact and conclusions
23 of law; waived any right to appeal from this Final Judgment; and Kenyon having
24 paid $50,000 of disgorgement, which constitutes full disgorgement plus
25 prejudgment interest, to the Court’s registry account for inclusion in a distribution
26 fund (the "Fund"), which Fund is being administered as a Qualified Settlement
27 Fund as described in Treasury Regulations § l.468B:
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c 9 2:03-cv-02323-Jws Document 92-2 1 Fa|e®¤HiEi€@Qb Pamgg of14

1 · I.
2 IT IS HEREBY ORDERED, ADJ UDGED, AND DECREED that Kenyon
3 and his agents, servants, employees, attorneys, and all persons in active concert or
4 participation with them who receive actual notice of this Final Judgment by
5 personal service or otherwise are permanently restrained and enjoined from _
6 violating Section l7(a) ofthe Securities Act, 15 U.S.C. § 77q(a), in the offer or
7 sale of any security by the use of any means or instruments of transportation or
8 communication in interstate commerce or by the use of the mails, directly or
9 indirectly: ,
10 a. to employ any device, scheme, or artifice to defraud;
1 1 b. to obtain money or property by means of any untrue statement
12 of a material fact or any omission of a material fact necessary
13 in order to make the statements made, in the light of the
14 circumstances under which they were made, not misleading;
1 5 or '
16 c. to engage in any transaction, practice, or course of business
17 which operates or would operate as a fraud or deceit upon the
1 8 purchaser.
19 II.
20 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Kenyon
21 and his agents, servants, employees, and attorneys, and all persons in active
22 concert or participation with any of them, who receive actual notice of this Final
23 Judgment by personal service or otherwise are permanently restrained and
24 enjoined from violating, directly or indirectly, Section 10(b) of the Securities
25 Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78j(b), and Rule 10b-5
26 promulgated thereunder, 17 C.F.R. § 240.10b-5, by using any means or
27 instrumentality of interstate commerce, or of the mails, or of any facility of any
. 28 national securities exchange, in connection with the purchase or sale of any
C e 2:O3—cv—O2323—JWS Document 92-2 2 FiIeQ.;,gh*qQt2/200i5 Pegpgg ofr?4

1 security: Z
2 » a. to employ any device, scheme, or artifice to defraud;
3 b. to make any untrue statement of a material fact or to omit to state a
4 material fact necessary in order to make the statements made, in the
5 light of the circumstances under which they were made, not
6 misleading; or _ l
7 c. to engage in any act, practice, or course of business which operates
8 or would operate as a fraud or deceit upon any person.
9 IH. 1
10 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
11 Kenyon has paid $50,000 in disgorgement and prejudgment interest, representing
12 profits gained as a result of the conduct alleged in the Complaint, and shall pay a
13 civil penalty in the amount of $75,000 pursuant to Section 20(d) of the Securities
14 Act, 15 U.S.C. § 77t(d), and Section 2l(d)(3) of the Exchange Act, 15 U.S.C. §
15 78u(d)(3). Kenyon shall satisfy the penalty obligation by paying $10,000 within
16 ten days of entry of the Final Judgment and $65,000 within one year of entry of
17 the Final Judgment, by certified check, bank cashier’s check, or United States
18 postal money order payable to the Securities Exchange Commission. The
19 payment shall be delivered or mailed to the Office of Financial Management,
20 Securities and Exchange Commission, Operations Center, 6432 General Green
21 Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be accompanied by a
22 letter identifying Kenyon as a defendant in this action; setting forth the title and
23 civil action number of this action and the name of this Court; and specifying that
24 payment is made pursuant to this Final Judgment. Kenyon shall pay post-
25 judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961.
1 26 IV.
27 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
` 28 Consent is incorporated herein with the same force and effect as if fully set forth
C e 2:O3—cv—O2323—JWS Document 92-2 3 Filegggytmz/2006 Pagggg of§L

l herein, and that Kenyon shall comply with all of the undertakings and agreements
2 set forth therein.
3 V.
4 IT IS FURTHER ORDERED, ADJ UDGED, AND DECREED that this
5 Court shall retain jurisdiction of this matter for the purposes of enforcing the
6 terms of this Final Judgment.
7 VI.
8 There being no just reason for delay, pursuant to Rule 54(b) of the Federal
9 Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment
l0 forthwith and without further notice. V
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12 Dated this _ day of , 2006.
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Case 2:03-cv-02323-JWS

Document 92-2

Filed 11/22/2006

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Case 2:03-cv-02323-JWS

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Case 2:03-cv-02323-JWS

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Case 2:03-cv-02323-JWS

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