Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
SEC v Spongetech Et Al Doc 258-1 Filed 16 Jan 13

SEC v Spongetech Et Al Doc 258-1 Filed 16 Jan 13

Ratings: (0)|Views: 60|Likes:
Published by scion_scion

More info:

Published by: scion_scion on Jan 21, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/21/2013

pdf

text

original

 
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,Plaintiff,v.SPONGETECH DELIVERY SYSTEMS, INC.,RM ENTERPRISES INTERNATIONAL, INC.,STEVEN Y. MOSKOWITZ, MICHAEL E.METTER, GEORGE SPERANZA, JOELPENSLEY, and JACK HALPERIN,Defendants,andBLUE STAR MEDIA GROUP, INC. andBUSINESSTALKRADIO.NETACQUISITION CORP.Relief Defendants.
10-CV-2031 (DLI) (JMA)JUDGMENT AS TO RELIEF DEFENDANTBLUE STAR MEDIA GROUP, INC.
The Securities and Exchange Commission having filed an Amended Complaint andRelief Defendant Blue Star Media Group, Inc. . (“Relief Defendant”)
 
having entered a generalappearance; Relief Defendant consents to the Court’s jurisdiction over it and the subject matterof this action; consents to entry of this Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction); waives findings of fact and conclusions of law; andwaives any right to appeal from this Judgment:
Case 1:10-cv-02031-DLI-JMA Document 258-1 Filed 01/16/13 Page 1 of 3 PageID #: 6579
 
 
2I.IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Relief Defendant shall pay disgorgement of ill-gotten gains and prejudgment interest thereon. TheCourt shall determine the amounts of the disgorgement upon motion of the Commission.Prejudgment interest shall be calculated from June 26, 2009, based on the rate of interest used bythe Internal Revenue Service for the underpayment of federal income tax as set forth in 26U.S.C. § 6621(a)(2). In connection with the Commission’s motion for disgorgement, and at anyhearing held on such a motion: (a) Relief Defendant will be precluded from arguing that it didnot receive illicit proceeds from the violation of the federal securities laws, as alleged in theAmended Complaint; (b) Relief Defendant may not challenge the validity of the Consent or thisJudgment; (c) solely for the purposes of such motion, the allegations of the Amended Complaintshall be accepted as and deemed true by the Court; and (d) the Court may determine the issuesraised in the motion on the basis of affidavits, declarations, excerpts of sworn deposition orinvestigative testimony, and documentary evidence, without regard to the standards for summary judgment contained in Rule 56(c) of the Federal Rules of Civil Procedure. In connection withthe Commission’s motion for disgorgement, the Commission and Relief Defendant may takediscovery, including discovery from appropriate non-parties.II.IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent isincorporated herein with the same force and effect as if fully set forth herein, and that Relief Defendant shall comply with all of the undertakings and agreements set forth therein.
Case 1:10-cv-02031-DLI-JMA Document 258-1 Filed 01/16/13 Page 2 of 3 PageID #: 6580

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->