Opinion
Case No. CV 09-03988 JFW (PJWx)
08-03-2011
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. AHMAD HARIS TAJYAR, ZACHARY W. R. BRYANT, OMAR AHMAD TAJYAR, and vispi B. SHROFF, Defendants, and DIONYSUS CAPITAL, LP, Relief Defendant.
JOHN B. BULGOZDY, Cal. Bar No. 219897
WILLIAM S. FISKe, Cal. Bar No. 123071
Attorneys for Plaintiff
Securities and Exchange Commission
Rosalind R. Tyson, Regional Director
Michele Wein Layne, Associate Regional Director
John M. McCoy III, Regional Trial Counsel
NOTE: CHANGES MADE BY THE COURT
FINAL JUDGMENT AS TO DEFENDANT ZACHARY W. R. BRYANT
The Securities and Exchange Commission having filed a Complaint and Defendant Zachary W. R. Bryant ("Defendant") having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment As To Defendant Zachary W.R.Bryant ("Final Judgment") without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment:
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 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.
II.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933, 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 deceit upon the purchaser.
III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent Of Defendant Zachary W.R. Bryant To Judgment of Permanent Injunction And Other Relief , signed by the Defendant on March 31, 2011 and filed as Court Docket Document 89, is incorporated herein with the same force and effect with respect to this Final Judgment as if fully set forth herein, and that Defendant shall comply with all of the undertakings and agreements set forth therein, except as those relating to disgorgement, prejudgment interest, and civil penalty.
IV.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice.
HON. JOHN F. WALTER
UNITED STATES DISTRICT JUDGE