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Securities and Exchange Commission v. Gilmond

United States District Court, W.D. North Carolina, Charlotte Division

June 21, 2017

SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
v.
TRUDY R. GILMOND, Defendant.

          FINAL JUDGMENT

         The Securities and Exchange Commission having filed a Complaint and Defendant Trudy Gilmond having entered a general appearance, consented to the Court's jurisdiction over her and the subject matter of this action. On March 27, 2017, this Court entered an Order granting the Security and Exchange Commission's motion for sanctions for Gilmond's utter refusal to participate in discovery in this case. Order, Doc. 13. The Court's order entered a default judgment against Gilmond, deemed the facts the SEC asserted in its complaint to be true, and prohibited Gilmond from opposing the SEC's claims.

         I.

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Gilmond is permanently restrained and enjoined from violating, directly or indirectly, Section 17(a) of the Securities Act of 1933 (the "Securities Act") [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;

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Gilmond's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Gilmond or with anyone described in (a).

         IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Gilmond is permanently restrained and enjoined from violating Section 5 of the Securities Act [15 U.S.C. § 77e] by, directly or indirectly, in the absence of any applicable exemption:

(a) Unless a registration statement is in effect as to a security, making use of any means or instruments of transportation or communication in interstate commerce or of the mails to sell such security through the use or medium of any prospectus or otherwise;
(b) Unless a registration statement is in effect as to a security, carrying or causing to be carried through the mails or in interstate commerce, by any means or instruments of transportation, any such security for the purpose of sale or for delivery after sale; or (c) Making use of any means or instruments of transportation or communication in interstate commerce or of the mails to offer to sell or offer to buy through the use or medium of any prospectus or otherwise any security, unless a registration statement has been filed with the Commission as to such security, or while the registration statement is the subject of a refusal order or stop order or (prior to the effective date of the registration statement) any public proceeding or examination under Section 8 of the Securities Act [15 U.S.C. § 77h].

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Gilmond's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Gilmond or with anyone described in (a).

         III.

         IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Gilmond is permanently restrained and enjoined from violating Section 15(a) of the Exchange Act [15 U.S.C. § 78o(a)] by, without being registered with the Commission as a broker or dealer or an associated person of a broker-dealer, acting as a broker or dealer and making use of the mails or any other means or instrumentality of interstate ...


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