consent to final judgement

8/2/2019 Consent to Final Judgement

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ILE: - RECEIVEnENlie - $Em n ()x

JOHN .BULGOZDY, CaI Bar No. 219897 1FF 1 1 2012 b l ozdy' sec. ov-mail: u1Ax VEJMAAT calBar No. l 75761 gua tjs pjrajcyoDAVID J.E-mail: van [email protected]) asacfy NaxA3 Bh -Atlorneys for Plaintiff4 Securities aqd Exchange ColpmissioqM ichele W eln Layn ,Assoslate Reglonal DirectorJohn W. Berrys Rejlonal Trlal Counself 670 Wilshlre Bqu evpr, 1 1th FloorLos Angeles, Callfornla 90036Telephpne: (323) 965-39987 Facslmlle: (323) 965-390889 UN ITED STA TES DISTRICT CO URT10 DISTRICT O F NEVADA1 1 SECURITIES AN D EXCHANGE Case No. 2:09-cv-00104-LDG-GW FCOM M ISSIO N,2 CO NSENT OF DEFENDANTPlaintiff, M ARCO G LISSON3

VS .4M ARCO GLISSON,5

Defendant617181920212223242526

Case 2:09-cv-00104-LDG -GWF Document 120 Filed 04/11/12 Page 1 of 5


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1 1 . Defendant Marco Glisson (%Defendant'') acknowledges having been2 served with the complaint in this action, enters a general appearance, and adm its3 the Court's jurisdiction over Defendant and over the subject matter of this action.4 2. W ithout admitting or denying the allegations ofthe complaint (except5 as to personal and subject mat-terjurisdiction, which Defendant admits), Defendant6 hereby consents to the entry of the final Judgment in the form attached hereto (the7 S'Final Judgmenf') and incorporated by reference herein, which, among other things:8 (a) permanently restrains and enjoins Defendant from violations of9 Sections 5(a) and (c,) of the Securities Act of 1933 (dsecurities1 0 Act''), l 5 U.S.C. j 77e(a) and (c), and Section 1 5(a) ofthel l Securities Exchange Act of 1934 ('iExchange Act''), l 5 U.S.C.12 j 78o(a);13 (b) orders Defendant to pay disgorgement in the amount of14 $2,765,650.65, plus prejudgment interest thereon in the amountf- $3 436,22j.44;l 5 of $670,574.79, for a total judgment o .l 6 (e) Orders Defendant to pay a civil penalty in the amount ofl 7 $ l ,400,000 under Section 20(d) ofthe Securities Act, 1 5 U.S.C.l 8 j 77t(d), and Section 21(d)(3) of the Exchange Act, l 5 U.S.C.1 9 j' 78u(d)(3); and20 (d) permanently bars Defendant from participating in an offering of2 l penny stock, pursuant to Section 2 l (d)(6) of the Exchange Act,22 l 5 U.S.C. j78u(d)(6).23 3. Defendant agrees that he shall not seek or accept, directly or24 indirectly, reimbursem ent or indemnification from any source, including but not25 limited to paym ent made pursuant to any insurance policy, with regard to any civil26 penalty am ounts that Dtfendant pays pursuant to the Final Judgment, rtgardless of

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l whether such penalty amounts or any pal't thereof are added to a distribution fund2 or otherwise used for the benefit of investors. Defendant further agrees that he3 shall not claim, assert, or apply fer a tax deduction or tax credit w ith regard to any4 federal, state, or Iocal tax for any penalty amounts that Defendant pays pursuant to5 the Final Judgment, regardless of whether such penalty amounts or any part thereof6 are added to a distribution fund or otherwise used fo'r the benefit of investors.7 4. Defendant waives the entry of findings of fact and conclusions of law8 pursuant to Rule 52 of the Federal Rules of Civil Procedure.9 5. Defendant waives the right, if any, to ajury trial and to appeal tiom10 the entry of the Final Judgm ent.1 l 6. Detkndant enters into this Consent voluntarily and represents that nol 2 threats, offers, prom ises, or inducem ents of any kind have been made by thel 3 Commission or any member, officer, employee, agent, or representative of the14 Comm ission to induce Defendant to enter into this Consent.

fendant agrees that this Consent shall be incorporated into the Final5 7. De1 6 Judgm ent with the same force and effect as if fully set forth therein.1 7 8. Defendant will not oppose the enforcem ent of the Final Judgment on1 8 the ground, if any exists, that it fails to comply with Rule 65(cl) of the Federal1 9 Rules ofcivil Procedure, and hereby waives any objection based thereon.20 9. Defkndant waives service of the Final Judgment and agrees that entry2 1 of the Final Judgm ent by the Court and tiling with the Clerk of the Court will22 constitute notice to Defendant of its term s and conditions, Defendant further23 agrees to provide counsel for the Comm ission, within thirty days after the Final24 Judgm ent is filed with the Clerk of the Court, with an aftidavit or declaration25 stating that Defendant has received and read a copy of the Final Judgm ent.26 1 0. Consistent with 17 C.F.R. j 202.5(8, this Consent resolves only the

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l claims asserted against Defendant in this civil preceeding. Defendant acknowlcdgts2 that no promise or representation has been made by the Commission or any member,3 offlcer. employee, agent, or representative of the Ccm mission with regard to any4 crim inal Iiability that may have arisen or m ay arise from the facts underlying this5 action or imm unity from any such crim inal Iiability. Defendant waives any claim of6 Double Jeopardy bmsed upon the settlement of this proceeding, including the7 imposition of any rem edy or civil penalty herein. Defendant further acknowledges8 that the Court's entry of a permanent injunction may have collateral consequences9 under tkderal or state Iaw and the rules and regulations of self-regulatory10 organizations, licensing boards, and other regulatory organizations. Such collateral1 1 consequences include, but are not limited to, a statutory disqualitication with respect 12 to membership or participation in, or association with a mem ber of, a self-regulatoryl 3 organization. This statutory disqualification has consequences that are separate from14 any sanction imposed in an administrative proceeding. In addition, in anyl 5 disciplinary proceeding before the Cemmission based on the entry of the injunctionl 6 in this action, Defendant understands that he shall not be perm itted to contest the1 7 factual allegations of the complaint in this action.1 8 l l . Defkndant understands and agrees to comply with the Com m ission's1 9 policy Gtnot to permit a defendant or respondent to consent to a judgment or order20 that imposes a sanction while denying the allegations in the complaint or order for2 1 proceedings.'' l 7 C.F.R. j 202.5. In compliance with this policy, Defendant22 agrees: (i) not to take any action or to make or permit to be made any public23 statement denying, directly or indirectly, any allegation in the complaint or24 creating the impression that the complaint i8 without factual basis' and (ii) that25 upon the t-iling ofthis Consent, Defendant hereby withdraws any papers filed in26 this action to the extent that they deny any allegation in the complaint. lf

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l Defendant breaches this agreementy the Com mission may petition the Court tovacate the Final Judgment and restore this action to its active docket. Nothing in3 this paragraph affects Defendant's: (i) testimonial obligations; or (ii) right to take

4 legal or factual positions in litigation or other Iegal proceedings in which the5 Com m ission is not a party'.6 Defendant hereby waives any rights under the Equal Access to Justice7 Act, the Small Business Regulatory Enforcement Fairness Act of l 996, or any8 other provision of Iaw to seek from the Unised States, or any agency, or any9 oftscial of the United States acting in his or her official capacits directly or10 indirectly, reim bursem ent of attorney's fees or other fees, expenses, or costsl 1 expended by Defendant to defend against this action. F0r these purposes,12 Defendant agrees that Defendant is not the prevailing palty in this action since the1 3 parties have reached a good faith settlement.I 4 Defendant agrees that the Com mission may present the Final15 Judgment to the Coul't for signature and entry without further notice.16 Defendant agrees that this Court shall retain jurisdiction over this1 7 matter for the purpose of enforcing the terms of the Final Judgm ent.l 81 920 Dated: t / / =W- 'M arco Glisson2 122 Approved as to form :2324 Fre 1ck A. San acroce, Esq.25 706 S. Eighth StreetLas Vegas, N V 89 1 0 126


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