What about the money that was made by the brokers and mm's as they traded unauthorized shares ? Why is the government not stepping in to deal with this ?
Try giving a fake 20$ bill at your local store and see what happens! The police is called in, you have to explain where that money came from and then its taken away from you.
So why has this money that was mode at our expense not been addressed ? A few million dollars is still a lot of money!
JOHN M. McCOY III, Cal. Bar No. 166244 E-mail: mccoyj@sec.gov MOLLY M. WHITE, Cal. Bar No. 171448 E-mail: whitem@sec.gov LESLIE A. HAKALA, Cal. Bar No. 199414 E-mail: hakalal@sec.gov Attorneys for Plaintiff Securities and Exchange Commission Rosalind R. Tyson, Regional Director Andrew G. Petillon, Associate Regional Director 5670 Wilshire Boulevard, 11th Floor Los Angeles, California 90036-3648 Telephone: (323) 965-3998 Facsimile: (323) 965-3908 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. CMKM DIAMONDS, INC., URBAN CASAVANT, JOHN EDWARDS, GINGER GUTIERREZ, JAMES KINNEY, ANTHONY TOMASSO, KATHLEEN TOMASSO, 1ST GLOBAL STOCK TRANSFER, LLC, HELEN BAGLEY, NEVWEST SECURITIES CORPORATION, DARYL ANDERSON, SERGEY RUMYANTSEV, ANTHONY SANTOS, and BRIAN DVORAK, Defendants. Case No.: 2:08-cv-00437-LRH-RJJ APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT URBAN CASAVANT
TO ALL PARTIES AND ALL COUNSEL OF RECORD: PLEASE TAKE NOTICE that pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, Plaintiff Securities and Exchange Commission (“Commission”) will, and hereby does, apply for entry of a final judgment of permanent injunction and other relief by default against defendant Urban Casavant (“Casavant”). This Application for Entry of Default Judgment Against Defendant Urban Casavant (“Application”) is made on the grounds that Casavant has failed to answer, plead, or otherwise respond to the Commission’s Complaint within the time prescribed by the Federal Rules of Civil Procedure. Casavant waived service of the Summons and the Complaint on April 11, 2008. A copy of the waiver is attached as Exhibit 2 to the Declaration of Leslie A. Hakala Supporting Application for Default Judgment Against Defendant Urban Casavant. The Clerk of the Court entered default against Casavant on August 12, 2008. The default is attached as Exhibit 6 to the Declaration of Leslie A. Hakala Supporting Application for Default Judgment Against Defendant Urban Casavant. Casavant is not a minor or an incompetent person, and he is not in military service. The allegations in the Complaint warrant entry of a Final Judgment against Casavant: (1) permanently enjoining him from future violations of Sections 5(a) and 5(c) of the Securities Act of 1933 (“Securities Act”), 15 U.S.C. §§ 77e(a) and 77e(c), Sections 10(b), 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. §§ 78j(b), 78 m(a), 78m(b)(2)(A) & 78m(b)(2)(B), and Exchange Act Rules 10b-5, 13a-1, 13a-13, and Rule 13b2-1, 17 C.F.R. §§ 240.10b-5, 240.13a-1 & 240.13a-13 & 240.13b2-1; (2)
ordering the payment of $31,500,000 in disgorgement plus $2,689,433.62 in prejudgment interest; (3) ordering payment of third-tier civil penalties; (4) imposing an officer-and-director bar against Casavant; and (5) imposing a penny stock bar against Casavant.
Pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, the Commission is not required to serve this Application for Entry of Default Judgment on Casavant because he has not appeared in this action. Nonetheless, on August 26, 2009, the Commission sent Casavant a letter giving him notice that it intended to file this Application. This Application is based upon the accompanying Memorandum of Points and Authorities Supporting Application for Entry of Default Judgment Against Defendant Urban Casavant, the Declaration of Leslie A. Hakala Supporting Application for Entry of Default Judgment Against Defendant Urban Casavant, the Declaration of Pamela Chattoo Supporting Application for Entry of Default Judgment Against Defendant Urban Casavant, the files and records of this case, and any evidence or argument that the Court may consider in connection with this Application. Dated: August 31, 2009 /s/ Molly M. White Molly M. White Leslie A. Hakala Attorneys for Plaintiff Securities and Exchange Commission Case 2:08-cv-00437-LRH-RJJ Document 128 Filed 08/31/2009 Page 3 of 6 PROOF OF SERVICE I am over the age of 18 years and not a party to this action. My business address is: [X] U.S. SECURITIES AND EXCHANGE COMMISSION, 5670 Wilshire Boulevard, 11th Floor, Los Angeles, California 90036-3648 Telephone No. (323) 965-3998; Facsimile No. (323) 965-3394. On August 31, 2009, I caused to be served the following document entitled APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT URBAN CASAVANT on the parties whose service of process forms have been filed in this action and others, addressed as stated on the attached service list: [X] OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and mailing today following ordinary business practices. I am readily familiar with this agency’s practice for collection and processing of correspondence for mailing; such correspondence would be deposited with the U.S. Postal Service on the same day in the ordinary course of business. [ ] PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s), which I personally deposited with the U.S. Postal Service. Each such envelope was deposited with the U.S. Postal Service at Los Angeles, California, with first class postage thereon fully prepaid. [ ] EXPRESS U.S. MAIL: Each such envelope was deposited in a facility regularly maintained at the U.S. Postal Service for receipt of Express Mail at Los Angeles, California, with Express Mail postage paid. [ ] HAND DELIVERY: I caused to be hand delivered each such envelope to the office of the addressee as stated on the attached service list. [ ] FEDERAL EXPRESS: By placing in sealed envelope(s) designated by Federal Express with delivery fees paid or provided for, which I deposited in a facility regularly maintained by Federal Express or delivered to a Federal Express courier, at Los Angeles, California. [X] ELECTRONIC MAIL: By transmitting the document by electronic mail to the electronic mail address as stated on the attached service list. [ ] FAX: By transmitting the document by facsimile transmission. The transmission was reported as complete and without error. [X] (Federal) I declare under penalty of perjury that I am a member of the State Bar of California and an attorney permitted to appear before this Court and that the foregoing is true and correct. Date: August 31, 2009 /s/ Molly M. White Molly M. White Case 2:08-cv-00437-LRH-RJJ Document 128 Filed 08/31/2009 Page 4 of 6 SEC v. CMKM DIAMONDS, INC., et al. United States District Court - District of Nevada Case No. 2:08-CV-00437-LRH-RJJ (LA-3028) SERVICE LIST Irving M. Einhorn, Esq. Law Offices of Irving M. Einhorn 1710 10th Street Manhattan Beach, CA 90266 Email: ime@einhornlaw.com Attorney for Defendant John Edwards Mark S. Dzarnoski, Esq. Gordon & Silver, Ltd. 3960 Howard Hughes Parkway, Ninth Floor Las Vegas, NV 89169 Email: mdzarnoski@gordonsilver.com Attorney for Helen Bagley and 1st Global Stock Transfer LLC Urban A. Casavant RR 5 Site 16 Box 29 Prince Albert, Saskatchewan S6V 5R3 Canada Email: ucasavant@shaw.ca John Wesley Hall, Jr., Esq. 1311 Broadway Little Rock, AR 72202-4843 Email: forhall@aol.com Attorney for Brian Dvorak Kathleen Tomasso 9580 Lake Serena Drive Boca Raton, FL 33496 Email: ttomasso@ncfgcomm.com Anthony Tomasso 9580 Lake Serena Drive Boca Raton, FL 33496 Email: ttomasso@ncfgcomm.com Sergey Rumyantsev 1951 North Jones Boulevard, #G-202 Las Vegas, NV 89108 Email: chaptak@embarqmail.com Anthony Santos 6965 North Durango Drive, Suite 1115-208 Las Vegas, NV 89149 Email: Ams.nwst@gmail.com Case 2:08-cv-00437-LRH-RJJ Document 128 Filed 08/31/2009 Page 5 of 6 NevWest Securities Corporation c/o Anthony Santos 6965 North Durango Drive, Suite 1115-208 Las Vegas, NV 89149 Email: Ams.nwst@gmail.com Douglas E. Griffith, Esq. Kesler & Rust McIntyre Building, 2nd Floor 68 S. Main Street Salt Lake City, UT 84101 Email: dgriffith@kesler-rust.com Attorney for Daryl Anderson Eric N. Klein, Esq. Eric N. Klein & Associates, P.A. 1200 N. Federal Highway, Suite 200 Boca Raton, FL 33432 Email: enk@kleinattorneys.com Michael R. Bakst PMB 702 222 Lakeview Avenue, #160 West Palm Beach, FL 33401 Email: michael.bakst@ruden.com Case 2:08-cv-00437-LRH-RJJ Document 128 Filed 08/31/2009 Page 6 of 6