UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. No. 10 Civ. 4957 AAMER ABDULLAH, Defendant. JUDGMENT OF PERMANENT INJUNCTION AS TO DEFENDANT AAMER ABDULLAH Plaintiff Securities and Exchange Commission ("Commission") having filed a Complaint alleging that Defendant Aamer Abdullah ("Abdullah") violated Section I7(a) of the Securities Act of 1933 ("Securities Act"), Section lOeb) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule IOb-5 thereunder, Sections 206(1), 206(2), and 206(4) of the Investment Advisers Act of 1940 ("Advisers Act") and Rule 206(4)-8 thereunder, and aided and abetted violations of Sections lOeb) and 15(c)(1)(A) of the Exchange Act and Rules IOb-3 and 10b-5 thereunder, and Sections 206(1),206(2), and 206(4) of the Advisers Act and Rule 206(4)- 8 thereunder; and Defendant Abdullah having waived service of the Summons and Complaint and the entry of findings of fact and conclusions oflaw, having entered a general appearance and consented to the Court's jurisdiction over him and over the subject matter of this action, having executed the Consent annexed hereto and incorporated herein and, without admitting or denying the allegations of the Complaint (except as to jurisdiction, which allegations are admitted), consented to the entry of this Judgment and having waived any right to appeal from this Judgment: Case 1:10-cv-04957-LAK Document 6 Filed 07/08/10 Page 1 of 12
17
Embed
Case 1:10-cv-04957-LAK Document 6 Filed 07/08/10 …Defendant Abdullah further understands 7 Case 1:10-cv-04957-LAK Document 6 Filed 07/08/10 Page 7 of 12 that, ifdisgorgement is ordered,
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v. No. 10 Civ. 4957
AAMER ABDULLAH,
Defendant.
JUDGMENT OF PERMANENT INJUNCTION AS TO DEFENDANT AAMER ABDULLAH
Plaintiff Securities and Exchange Commission ("Commission") having filed a Complaint
alleging that Defendant Aamer Abdullah ("Abdullah") violated Section I7(a) of the Securities
Act of 1933 ("Securities Act"), Section lOeb) of the Securities Exchange Act of 1934
("Exchange Act") and Rule IOb-5 thereunder, Sections 206(1), 206(2), and 206(4) of the
Investment Advisers Act of 1940 ("Advisers Act") and Rule 206(4)-8 thereunder, and aided and
abetted violations of Sections lOeb) and 15(c)(1)(A) of the Exchange Act and Rules IOb-3 and
10b-5 thereunder, and Sections 206(1),206(2), and 206(4) of the Advisers Act and Rule 206(4)
8 thereunder; and Defendant Abdullah having waived service of the Summons and Complaint
and the entry of findings of fact and conclusions oflaw, having entered a general appearance and
consented to the Court's jurisdiction over him and over the subject matter of this action, having
executed the Consent annexed hereto and incorporated herein and, without admitting or denying
the allegations of the Complaint (except as to jurisdiction, which allegations are admitted),
consented to the entry of this Judgment and having waived any right to appeal from this
Judgment:
Case 1:10-cv-04957-LAK Document 6 Filed 07/08/10 Page 1 of 12
1.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Abdullah
and his agents, servants, employees, attorneys, and all persons in active concert or participation
with him who receive actual notice of this Judgment by personal service or otherwise are
permanently restrained and enjoined from violating. and from aiding and abetting another person
who violates, Section 1O(b) ofthe Exchange Act [IS U.S.C. § 78j(b)] and Rule lOb-S thereunder
[17 C.F.R. 24O.10b-S], directly or indirectly, by using any means or instrumentality of interstate
commerce, or ofthe mails, or ofany facility ofany national securities exchange, in connection
with the purchase or sale ofany 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 ofthe circumstances
under which they were made, not misleading; or
(c) to engage in any act, practice, or course ofbusiness which operates or would
operate as a fraud or deceit upon any person.
II.
IT IS FURmER ORDERED, ADJUDGED, AND DECREED that Defendant
Abdullah and his agents, servants, employees, attorneys, and all persons in active concert or
participation with them who receive actual notice of this Judgment by personal service or
otherwise are permanently restrained and enjoined from violating Section 17(a) ofthe Securities
Act [15 U.S.C. § 77q(a)], directly or indirectly, by using any means or instruments of
transportation or communication in interstate commerce, or by using the mails, in the offer or
2
Case 1:10-cv-04957-LAK Document 6 Filed 07/08/10 Page 2 of 12
sale ofany security:
(a) to employ any device, scheme, or artifice to defraud;
(b) to obtain money or property by means of any untrue statement ofa material fact
or any omission ofa material fact necessary in order to make the statements
made, in light ofthe circumstances under which they were made, not misleading;
or
(c) to engage in any transaction, practice, or course ofbusiness which operates or
would operate as a fraud or deceit upon the purchaser.
III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant
Abdullah and his agents, servants, employees, attorneys, and all persons in active concert or
participation with them who receive actual notice ofthis Judgment by personal service or
otherwise are permanently restrained and enjoined from violating, and from aiding and abetting
another person who violates, Sections 206(1) and 206(2) ofthe Advisers Act [15 U.S.C. §§ SOb
6(1) and (2)], directly or indirectly, by using the mails or any means or instrumentality of
interstate commerce, while engaged in the business of advising others for compensation as to the
advisability of investing in, purchasing, or selling securities:
(a) to employ any device, scheme, or artifice to defraud any client or prospective
client; or
(b) to engage in any transaction, practice, or course ofbusiness which operates as a
fraud or deceit upon any client or prospective client.
3
Case 1:10-cv-04957-LAK Document 6 Filed 07/08/10 Page 3 of 12
IV.
IT IS FURTHER ORDERED, ADJUDGED~AND DECREED that Defendant
Abdullah and his agents, servants, employees, attorneys. and all persons in active concert or
participation with them who receive actual notice ofthis Judgment by personal service or
otherwise are pennanently restrained and enjoined from violating, and from aiding and abetting
another person who violates, Section 206(4) ofthe Advisers Act [15 U.S.C. § 80b-6 (4)] and
Rule 206(4)-8 thereunder [17 C.F.R. 275.206(4)-8], directly or indirectly, by using the mails or
any means or instrumenta1ity ofinterstate commerce, while engaged in the business of advising a
pooled investment vehicle for compensation as to the advisability ofinvesting in. purchasing, or
selling securities:
(a) to make any untrue statement ofa material fact ofto omit to state a material fact
necessary to make the statements made. in the light ofthe circumstances under
which they were made, not misleading. to any investor or prospective investor in
the pooled investment vehicle; or
(b) otherwise engage in any act, practice, or course ofbusiness that is fraudulent,
deceptive, or manipulative with respect to any investor or prospective investor in
the pooled investment vehicle.
V.
IT IS FURTHER ORDERED~ ADJUDGED, AND DECREED that Defendant
Abdullah and his agents, servants, employees, attorneys, and all persons in active concert or
4
Case 1:10-cv-04957-LAK Document 6 Filed 07/08/10 Page 4 of 12
participation with them who receive actual notice ofthis Judgment bypersonaJ service or
otherwise are permanently restrained and enjoined from aiding and abetting another person in