United States Securities and Exchange Commission v. Romer

          FINAL JUDGMENT BY DEFAULT AGAINST DEFENDANT ERNEST J. ROMER, III

          TERRENCE G. BERG UNITED STATES DISTRICT JUDGE.

         This matter having come before the Court on Plaintiff United States Securities and Exchange Commission's Motion for Default Judgment against Ernest J. Romer, III (the “Motion”), and the Court having considered the Motion, the brief filed in support of the motion, the complaint, and the evidence, papers and arguments presented therein, as well as information learned during the July 17, 2019 hearing on this matter:

         I.

         It is hereby ORDERED that the Motion is GRANTED against Ernest J. Romer, III (“Romer”).

         II. It is hereby ORDERED, ADJUDGED, and DECREED that Romer 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.

         III.

         It is hereby further ORDERED, ADJUDGED, and DECREED that Romer 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 obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or

(c) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or ...