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  • 8/2/2019 Final Judgement Against Marco

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    IFF 1 1 /,,:21 JOI-W , BULGOZDY, Ca1 Bar No. 219897E-mail: bul ozd ' sec. ov ctay tls plsujcy tctar'VE T CalBar No. 175761 :y: PISTRICT 0F NpAp: .DAVID J.E-mail: van [email protected]) () tm3 Attorprys for Plaintiff4 Sepurltles and Exchange Colpmissiophele Weln Layngg Assolate Reglonal Director1c5 John W . Ben , Regl nal Trlal Counsel0 W ilshlre Bqulevyrd 1 1th Floor67Los Angeles, Callforma 40036 Telephpne: (323) 965-3998e: (323) 965-3908Facslml

    9 IJNITED STATES DISTRICT COURT10 DISTRICT OF NEVADA11 ssctm l'rlEs AND EXCHANGE case No. 2:09-cv-00104-LDG-GW FOM M ISSION,2 ( jFINAL JUDGMENTlaintiftl As To DEFE DANT MARco3 GLIssONj4 vS.MARCO GLISSON

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    1 Plaintiff Securities and Exchange Com mission having filed a Complaint and2 Defendant Marco Glisson Cr lisson'') having entered a general appearance'3 consented to the Court's jurisdiction over Defendant and the subject matter of this4 action' consented to entry of this Final Judgment w ithout admitting or denying the5 allegations of the Complaint (except as to jurisdictionl; waived findings of fact and6 oonclusions of law; and waived any right to appeal from this Final Judgment:7 1.8 IT IS HEREBY ORDERED, ADJUDGED, Ar DECREED that Defendant9 and Defendant's agents, servants, employees, attorneys, and a1l persons in adive10 concert or participation with them who receive actual notice of this Final Judgment1 1 by personal service or othem ise are permanently restrained and enjoined from12 violating Sections 5(a) and 5(c) of the Securities Act of 1933 Csecurities Act''), l 513 U.S.C. j 77e(a) and (c), by, directly or indirectly, in the absence of any applicable14 exemption:15 (a) Unless a registration statement is in effect as to a security, making use16 of any means or instruments of transportation or comm tmication in17 interstate comm erce or of the mails to sell such security through the18 use or m edium of any prospectus or othem ise;19 (b) Unless a registration statement is in effect as to a security, carrying or20 causing to be carried through the mails or in interstate commerce, by21 any m eans or instruments of transportation, any such security for the22 purpose of sale or for delivery aher sale; or23 (c) Making use of any means or instruments of transportation or24 comm unication in interstate com merce or of the mails to offer to sell25 or offer to buy through the use or medium of any prospectus or26 othelw ise any security, unless a registration statem ent has been filed

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    1 with the Commission as to such security,or while the registration2 statement is the subject of a refusal order or stop order or (prior to the3 effective date of the registration statement) any public proceeding or4 examination under Section 8 of the Securities A ct, 15 U.S.C. j 77h.5 II.6 IT IS FURTHER ORDERED , ADJIJDGED AND DECREED that7 Defendant and Defendant's agents,servants, employees, attorneys, and a1l persons8 in active concert or participation with them who receive actual notice of this Final9 Judgment by personal service or otherwise are permanently restrained and enjoined10 from violating Section 15(a) of the Securities Exchange Act of 1934 (Exchange1 1 Act''), 15 U.S.C. j 78o(a), by making use of the mails or any means or12 instrum entality of interstate commerce to effect any transaction in,or to induce or13 attempt to induce the purchse or sale of,any security, without being registered as14 a broker or dealer in accordance with Section 15(b) of the Exchange Act1515 U.S.C. j 78o(b).16 111.17 IT IS FURTH ER ORDERED ,ADJUDGED , AND DECREED that18 Defendant is permanently barred from participating in an offering of penny stock,19 including engaging in activities with a brokerdealer, or issuer for purposes of20 issuinga tradinga or inducing or attempting to induce the plzrchase or sale of any21 penny stock. A penny stock is any equity security that his a price of less than five22 dollars, except as provided in Rule 3a51-1 under the Exchange Act, 17 C.F.R.23 j 240.3a51-1.24 IV .25 IT IS FURTIIER ORDERED, ADJUDGED ,AND DECREED that26 Defendant is liable for disgorgement of $2,765,650.65, representing profits gained

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    1 as a result of the conduct alleged in the Complaint, together with prejudgment2 interest thereon in the amotmt of $670,574.79, for a total of $3,436,225.44. The3 Commission may enforce the Court's judgment for disgorgement and prejudgment4 interest by moving for civil contempt (and/or throug,h other collection procedures5 authorized by law) at any time aqer 14 days following entry of this Final6 Judgment. In response to any such civil contempt motion by the Commission,the7 Defendant may assert any legally permissible defense.8 Defendant shall satisfy his obligations under this paragraph by paying the9 toul amounts of disgorgement and prejudgment interest set forth above within 1410 days aAer entry of this Final Judgment by certitied check, bank cashier's check,or1 1 United States postal money order payable to the Securities and Exchange12 Commission. The payment shall be delivered or mailed to the Office of Financial13 Management, Securities and Exchange Commission, 100 F Street, NE, Stop 6042,14 W ashington, DC 20549, and shall be acoompanied by a letter identifying the15 remitter as a defendant in this action; setting forth the title and civil action number16 of this action and the name of this Court; and specifying that payment is made17 pursuant to this Final Judgment. Defendant shall pay post-judgment interest on18 any delinquent amounts pursuant to 28 U.S.C. j 1961. The Commission shall19 remit the funds paid pursuant to this paragraph to the United States Treasuly.20 V.21 IT IS FURTHER ORDERED, ADJUDGED, Ar DECREED that22 Defendant shall pay a civil penalty in the amount of $1,400,000.00 pursuant to23 Section 20(d) of the Securities Act, l 5 U.S.C. j 77t(d), and Section 21(d)(3) of the24 Exchange Act, 15 U.S.C. j 78u(d)(3). Defendant shall make this payment within25 14 days aher entry of this Final Judgment by certified check, bank cashier's check,26 or United States postal money order payable to the Securities and Exchange

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    1 Comm ission. The payment shall be delivered or m ailed to the Office of Financial2 M anagement, Securities and Exchange Comm ission, 100 F Street, NE, Stop 6042,3 W ashington DC 20549, and shall be accompanied by a letter identifying M arco4 Glisson as a defendant in this action; setting forth the title and civil adion num ber5 of this action and the nam e of this Courq and specifying that payment is made6 pursuant to this Final Judgment. Defendant shall pay post-judgment interest on7 any delinquent amounts pursuant to 28 U.S.C. j 1961. The Commission shall8 remit the funds paid pursuant to this paragraph to the United States Treasury.9 V1.10 IT IS FURTHER ORDERED, ADJUDGED. AND DECREED that the1 1 Consent of Defendant M arco Glisson is incorporated herein with the sam e force12 and effect as if fully set fol'th herein, and that Defendant shall comply with all of13 the undertakings and agreem ents set forth therein.14 VII.15 IT IS FURTIIER ORDERED, ADJUDGED, AND DECREED that this16 Court shall retainjurisdiction of this matter for the purposes of enforcing the terms17 of this Final Judgment.18 VIII.19 There being no just reason for delay, pursuant to Rule 54(b) of the Federal20 Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgm ent21 forthwith and without further notice.22 - /? P/J3 Dated: / , J24 T ON . LOYD GEOR E25 UNITED ATES IdTRICT JUDGE26

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