Securities and Exchange Commission v. Tri Energy Inc et al Doc.

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Case 5:05-cv-00351-AG-MAN Document 233 Filed 04/09/2008 Page 1 of 4

1 STEPHEN L. COHEN, pro hac vice JS-5

Securities and Exchange Commission
2 100 F Street, N.E.
Washington DC 20549-4030
3 Telephone: (202) 551-4472
Facsimile: (202) 772-9245
4 Email: CohenS@sec.gov
5 LOCAL COUNSEL:
JOHN B. BULGOZDY
6 Cal Bar. No. 219897
Securities and Exchange Commission
7 5670 Wilshire Boulevard, 11th Floor
Los Angeles, CA 90036-3648
8 Telephone: (323) 965-3877
Facsimile: (323) 965-3908
9 Email: BulgozdyJ@sec.gov
10 Attorneys for Plaintiff U.S. Securities
and Exchange Commission
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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15 SECURITIES AND EXCHANGE Case No. ED CV 05-351 AG(MANx)
COMMISSION,
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Plaintiff, FINAL JUDGMENT AS TO
17 RELIEF DEFENDANTS THOMAS
vs. AVERY AND T.M.A.
18 INVESTMENT ENTERPRISES
TRI ENERGY, INC., et al.
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Relief Defendants.
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The Securities and Exchange Commission (“Commission”), having filed and
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25 served an Amended Complaint, and relief defendants Thomas Avery and T.M.A.

26 Investment Enterprises (“Relief Defendants”), having answered the Amended

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Dockets.Justia.com
 Case 5:05-cv-00351-AG-MAN Document 233 Filed 04/09/2008 Page 2 of 4

1 Complaint; consented to the Court’s jurisdiction over Relief Defendants and the

2 subject matter of this action; consented to entry of this Judgment without admitting
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or denying the allegations of the Amended Complaint (except as to jurisdiction);
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5 waived findings of fact and conclusions of law; and waived any right to appeal

6 from this Judgment:

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8 I.
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
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11 Relief Defendants are jointly and severally liable for disgorgement of $70,000,
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representing monies unlawfully gained as a result of the conduct alleged in the
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Amended Complaint, together with pre-judgment interest thereon in the amount of
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15 $4,342.42, for a total of $74,342.42. Relief Defendants shall satisfy this obligation
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by paying $41,147.42 to the Clerk of this Court within ten days of the entry of this
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Final Judgment and by relinquishing all legal and equitable right, title, and interest
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19 in $33,195 frozen by the Court and currently in the possession of the receiver
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pursuant to an order entered on May 3, 2005. Relief Defendants shall provide a
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cover letter to the Court identifying that Thomas Avery and T.M.A. Investment
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23 Enterprises are making the payment and relinquishing their rights to the frozen
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funds pursuant to this Final Judgment and that they are relief defendants in this
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26 action; and setting forth the title and civil action number of this action and the

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1 name of this Court. Relief Defendants shall simultaneously transmit photocopies

2 of such payment and letter to the Commission’s counsel in this action. By making
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this payment, Relief Defendants relinquish all legal and equitable right, title, and
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5 interest in such funds, and no part of the funds, or any interest earned on the funds,

6 shall be returned to Relief Defendants.

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The Clerk shall deposit the funds into the Registry Account of this Court or
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9 any other type of interest bearing account that is utilized by the Court. These

10 funds, together with any interest and income earned thereon (collectively, the
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“Fund”), shall be held in the interest bearing account until further order of the
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13 Court. In accordance with 28 U.S.C. § 1914, LR 67-2, and the guidelines set by

14 the Director of the Administrative Office of the United States Courts, the Clerk is
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directed, without further order of this Court, to deduct from the income earned on
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17 the investment in the Fund a fee not to exceed the amount prescribed by the

18 Judicial Conference of the United States. The Commission may by motion

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propose a plan to distribute the Fund subject to the Court’s approval. Defendant
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21 shall pay post-judgment interest on any delinquent amounts pursuant to 28 USC
22 §1961.
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II.
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25 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
26 Consent of Relief Defendants Thomas Avery and T.M.A. Investments Enterprise is
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1 incorporated herein with the same force and effect as if fully set forth herein, and

2 that Relief Defendants shall comply with all of the undertakings and agreements
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set forth therein.
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5 III.

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this
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Court shall retain jurisdiction over this action for all purposes, including
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9 implementing and enforcing the terms of this Judgment and all other orders and
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decrees which have been or may be entered in this case, and granting such other
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12 relief as the Court may deem necessary and just.

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IV.
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There being no just reason for delay, the Clerk of the Court is hereby
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16 directed, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, to enter
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this Judgment.
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Dated: April 09, 2008
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22 HONORABLE ANDREW GUILFORD
23 UNITED STATES DISTRICT JUDGE

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