United States District Court, E.D. Michigan, Southern Division
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 ...