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Re: bigdaddy21c post# 110242

Wednesday, 05/24/2017 1:36:40 PM

Wednesday, May 24, 2017 1:36:40 PM

Post# of 116862

Contrary to fictitious clown stories claiming "Without admitting or denying the allegations" in paragraph 2 which only applies to "Defendant Treaty regarding the Commission’s non-monetary claims."



2. The Commission has reached an agreement with Defendant Treaty regarding the Commission’s non-monetary claims. Without admitting or denying the allegations in the Commission’s Complaint, Defendant has consented to the entry of a judgment permanently enjoining it from future violations of the federal securities laws. The determination of the appropriate amount of monetary relief has been deferred pending motion by the Commission.


The allegations of the Complaint shall be accepted as and deemed true by the Court; and (d) the Court may determine the issues raised in the motion on the basis of affidavits, declarations, excerpts of sworn deposition or investigative testimony, and documentary evidence, without regard to the standards for summary judgment contained in Rule56(c) of the Federal Rules of Civil Procedure. In connection with the Commission’s motion for disgorgement and/or civil penalties, the parties may take discovery, including discovery from appropriate non-parties.

11. Consistent with 17 C.F.R. 202.5(f), this Consent resolves only the non-monetary claims asserted against Defendant in this civil proceeding.


Defendant acknowledges that no promise or representation has been made by the Commission or any member, officer, employee, agent, or representative of the Commission with regard to any criminal liability that may have arisen or may arise from the facts underlying this action or immunity from any such criminal liability. Defendant waives any claim of Double Jeopardy based upon the settlement of this proceeding, including the imposition of any remedy or civil penalty herein. Defendant further acknowledges that the Court's entry of a permanent injunction may have collateral consequences under federal or state law and the rules and regulations of self-regulatory organizations, licensing boards, and other regulatory organizations. Such collateral consequences include, but are not limited to, a statutory disqualification with respect to membership or participation in, or association with a member of, a self-regulatory organization. This statutory disqualification has consequences that are separate from any sanction imposed in an administrative proceeding. In addition, in any disciplinary proceeding before the Commission based on the entry of the injunction in this action, Defendant understands that it shall not be permitted to contest the factual allegations of the complaint in this action.

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