2011-10-13 sec-litreleases judgment 400 KB 14,407 chars

SEC v. ROY CAU BELL, No. 1:11-cv-20413, Southern District of Florida (Oct. 13, 2011) — Judgment

raw: FW AL JUDGM ENT AS TO DEFENDANT ROY CAU BELL

FW AL JUDGM ENT AS TO DEFENDANT ROY CAU BELL, No. 1:11-cv-20413 (Oct. 13, 2011)

Caption: SEC v. ROY CAU BELL

Exhibit of Wall Street Capital Funding LLC, Philip Cardwell, Roy Campbell, and Aaron Hume

summary

Roy Campbell consented to a final judgment without admitting or denying allegations, agreeing to a permanent injunction against promoting non-qualified stocks and violating securities fraud laws, and was ordered to disgorge $50,000 and pay a $75,000 civil penalty totaling $125,000.

paragraph

Roy Campbell was permanently enjoined from promoting, advertising, or marketing any stock unless it is a 'Qualified Stock'—defined as a security listed on a national exchange with at least $50 million in market capitalization for 90 consecutive days—and from violating Sections 10(b) and 17(a) of the federal securities laws and Rule 10b-5. He agreed to disgorge $50,000 in ill-gotten gains and pay a $75,000 civil penalty, totaling $125,000, payable within 14 days to the SEC. Campbell waived all rights to appeal, indemnification, tax deductions, and legal fee reimbursement, and consented to the court’s jurisdiction without admitting or denying the allegations except as to jurisdiction.

narrative

Roy Campbell, a defendant in a U.S. Securities and Exchange Commission (SEC) case involving Wall Street Capital FundwG LLC and others, consented to a final judgment without admitting or denying the allegations, except as to jurisdiction, and waived all rights to appeal, indemnification, tax deductions, and legal fee reimbursement. He was permanently enjoined from directly or indirectly promoting, advertising, or marketing any stock unless it qualifies as a 'Qualified Stock'—defined as a security listed on a national exchange with at least $50 million in market capitalization for 90 consecutive days—and from engaging in any conduct violating Sections 10(b) and 17(a) of the Securities Exchange Act and Securities Act, respectively, and Rule 10b-5. Campbell was ordered to disgorge $50,000 in profits gained from the alleged fraudulent schemes and pay a $75,000 civil penalty, totaling $125,000, which must be paid within 14 days via certified check, bank wire, or postal money order to the SEC’s Office of Financial Management. He must also simultaneously send copies of the payment and a letter identifying the case to the SEC’s counsel and New York Regional Office. The court retained jurisdiction to enforce the judgment, and Campbell agreed not to challenge the factual basis of the complaint. Post-judgment interest will accrue on any delinquent payments under 28 U.S.C. § 1961.

Enriched metadata

Scheme: unregistered-securities (100%)
Court: Southern District of Florida
Case No.: 1:11-cv-20413
Outcome: settled
Disgorgement: $50,000
Civil penalty: $75,000

Classified unregistered-securities(confidence 100%). EDGAR detection: forms Form D/S-1· recall 41% / precision 30%. detection rule →

Extracted insights

Dollar amounts 3

$125K $125,000 $100K–$1M
$75K $75,000 $10K–$100K
$50K $50,000 $10K–$100K

Entities 2

agency Securities and Exchange Commission
organization Securities and Exchange Commission

Triples 7

Securities and Exchange Commission filed a complaint against Wall Street Capital Fundw G LLC, Philip Cardwell, Roy Campbell, and Aaron Him
Roy Campbell consented to jurisdiction of the Court over himself and the subject matter of this action
Roy Campbell was permanently restrained and enjoined from engaging in activities with a broker, dealer, or issuer for purposes of issuing, trading, or inducing purchase or sale of any stock unless it is a Qualified Stock
Roy Campbell was permanently restrained and enjoined from violating Section 10(b) of the Exchange Act and Rule 10b-5 by using interstate commerce to defraud, make untrue statements, or engage in fraudulent practices
Roy Campbell was permanently restrained and enjoined from violating Section 17(a) of the Securities Act by using interstate commerce or mails to employ devices, schemes, or artifices to defraud in securities offerings
Roy Campbell waived any right to appeal from this Final Judgment
Roy Campbell waived findings of fact and conclusions of law

PDF

FW AL JUDGM ENT AS TO DEFENDANT ROY CAU BELL · Source

Text layers

Extracted body text (14,407c)

IJNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLOD A
CASE NO. 11-20413-CW -GkARAM /G OODM AN
SECIJRITY S AND EXCHANGE COMM ISSION,
Plaintiff,
VS.
W ALL STREET CAPITAL FUNDW G LLC,
PIIILIP CARDW ELL. ROY CAW BELL. and
AARON IIIM ,
Defendants.
/
FW AL JUDGM ENT AS TO DEFENDANT ROY CAU BELL
The Securities and Exchange Commission having filed
a Complain: and Defendant Roy
Campbell having entered a general appearance; consented to the Court's jurisdidion over
himself and the s'ubjœt matter of this adion; consented to entry of this Final Judgment without
admitting or denying the allegations of the Complain
t (except ms to jurisdictionl; waived fndings
of fad and conclusions of law; and waived any right to appeal 9om tM s Final Judgment:
rf IS HEQEBY ORDEQED, ADJIJDGED, AND DECQEED that, purm ant to Sedion
20(g) of the Securities Ad of 1933 Csecurities Ad'') I15 U.S.C. j 77t(g)) and Sections 21(d)(5)
and 21(d)(6) of the Sv ities Exchange Ad of 1934 CExc
hange Ad'') (15 U.S.C. j 78u(d)(5)
and (6)J, Campbell and his agents, servants, employees, attomeys, and all persons in adive
concert or participation with them who receive aM lal notice of tMs Final Judgment by personal
service or otherwise are permanenlly restrained and enjoined Fom:

(A) dire-ly or indire-ly engaging in activities with a broker,dealer, or issuer for
purposes of issuing, trading, or inducing or attempting to induce the purchase or sale of any stock
unless it is (i) listH on a nationnl x lHties exchsnge and (ii) has had a markd capitalization of
at least $50,000,00% for 90 consM ttive days (a Roualified Stock''),' and
(B) from directly or indkectly promoe g, advelsinp or
markding any issuer of any
stock unless it is a Qualified Stock; causing the promodon, advertisinga or marketing of any
issuer of any stock unless it is a Qualifed Stock; or deriving compensation &om the promotiow
advertising, or mnrketing of any issuer of any stock
unless it is a Qualified Stock.
R
IT IS FUX THER O RDERED. ADJIJDGED, AND DECREED that, pursuant to
Section 21(d)(1) of the Exchange Ad (15 U.S.C. j 78u(d)(1X, Campbell and his agents,
servants, employees, attomeys, and a1l persons in adive concert or pm icipation with them who
receive actldnl notice of tMs Final Judgment by personal selvice or otherwise are permanently
restrained and enjoined from violating, directly or
indirectly, Sedion 101) of the Exchange Act
(15 U.S.C. 9 78j(b)J and Rule l0b-5 promulgatH thereunder (17 C.F.K j 240.10b-5J, by using
any means or instmmentality of interstate commerce, or of the mails, or of any facility of any
national sM lrities excbsnge, in connedion with the purchase or sale of any security or atly
security-based swap v eement:
(a) to employ any device, scheme, or srfifce to defr
aud;
(b) to make any untrue statement of a material fact or to omit to state a material fad
necessary in order to make the statements made, in the light of the circum stances
under which they were made, not misleading; or
2

(c) to engage in any att, pradice, or course of business which operates or would
operate as a fraud or deceit upon any person.
m .
IT IS FIJRTHER ORDERED, ADJIJDGED, AND DECREED that, pursuant to
j i 20(b) of the sv lrities Ao-t (15 U.s.c. 9 77t(b)' q
,
cnmpbell and his agents, servants,e
d on
employees, attomeys, and a1l persons in adive concert or pneicipation whh them who receive
adual notice of tMs Final Judgment by personal service or otherwise are permanently restrained
and enjoined âom violatlg Su ion 17(a) of the Securit
ies Ad (15 U.S.C. j 77q(a)), by using
any means or instm mentality of transportation or communication in interstate com merce, or the
mails, in the oFer or sale of any security or any security-base swap av eement, diredly or
indirectly:
(a) to employ any device, scheme, or artisce to deH ud;
@) to obtain money or propeo by means of any untrue
statement of a material fact
or any omission to state a material fad necessary in order to make the s'tatemems made,
in light of the circumstances under wlzich they were made, not misleading,' or
(c) to engage in any transadion, pradice, or course of business which operates or
would operate as a fraud or deceit upon the purchase
r.
IV.
IT IS FURTHER ORDERED, ADJIJDGED, AND DECQEED that Defendant
Campbell is liable for disgorgement of $50,000, representing prosts gaine as a result of the
condud alleged in the Complaint, and a civil penalty in the amount of $75,000 pursuant to
Sedion 20(d) of the Securities AG (15 U.S.C. j 77t(d
)) and Sedion 21(dX3) of the Exchange
3

Act (l5 U.S.C. j 78u(dX3)j. Campbell shall satisfy this obligation by paying $125,000 within 14
days aher entry of this Final Judgment by certifed check bnnk e-Khier's check or United States
postal money order payable to the Securities and Exchange Commission. The payment shall be
delivered or mailed to the Securities and Excbange C
ommissiony Om ce of Financial
Mlnagement, Accounts Receivable, l00 F Street NE Stop 6042, W asllington DC 20549, and
shall be accomplnied by a letter identifying Campbell as a defendant in this adion; setting forth
the title and civil action number of tMs adion and the name of this Courq and specifying that
payment is made purmmnt to this Final Judgment. Cnmpbell shall simultaneously transmit
photocopies of such payment and letter to the Commission's cotmsel in this adion, Todd D.
Brody, and to Robert J. Keyes, Associate Rekonal Dir
ector, U.S. Securities and Exchange
Commissiol New York Regional Omce, 3 World Financial Center, Room 400, New York New
York 1028 1-1022. Defendant shall pay post-judgment interes't on any delinquent amounts
pursuant to 28 USC j 1961. The Commission shall remit the funds paid pursuant to this
parav aph to the United States Trm sury.
V.
IT IS FIJRTHER ORDERED, ADJUDGED, AND DECREED that t
he attached
Consent of Defendant Roy Campbell is incoporated herein with the same force and eFect as if
fully set forth hereiq and that Campbell shall comply with al1 of the undertakings and
Y eements set forth therein.
4

VL
IT IS FIJR'IRTER ORDERED, ADJUDGED, AND DECREED that this Court shall
retain jurisdidion of this matter for the purposes of enforcing the terms of tMs Final Judgment.
k.z 11D
ated:
--
>
-- .- -
SO ORDE D.
IJNITED STATES DISTRICT RJDGE
5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORD A
CASE NO. 11-20413-CW -G RAH AM /GO OD> N
SECURITW S Ar EXCHANGE COY SSION,
Plaintië
VS.
W ALL STREET CAPITAL FUNDW G LLC,
P
IC P CARDW ELL, R0Y CAW BELL, and
AARON HTM R,
Defendants.
/
CONSEXT OF DEFENDANT ROY CAM PBELL
1. Defendant Roy Campbell admits the Court's jurisdi
ction over himself and over
the subject matter of this action.
Without admitting or denying the allegations of the Complaint (except as to
personal and subject matter jurisdicwtiona which Campbell admits), Campbell hereby consents to
the entry of the Final Judgment mq to Defendant Roy
Campbell in the form attached herdo (the
'Tinal Judgmenf') and incorporated by reference hereina whicha among other things:
(a) Permanently restrains and enjoins Campbell: from directly or indirectly
engaging in adivities with a broker, dealer, or issuer for puzposes of issuing,
trading, or inducing or attempting to induce the pur
chase or sale of any stock
unless it is (i) listed on a national securities exchange and (ii) has had a market
capitalization of at least $50,000,0000 for 90 conx ltive days (a tçoualified
Stock''),' and &om diredly or indirectly promoting, advertising, or markding
6

any issuer of any stock unless it is a Qualised Stock; causing the promotion,
advertising, or markeung of any issuer of any stock unless it is a Qualified
Stock; or deriving compensation from the promotion, advertising, or
marketing of any isseuer of any stock unless it is a
Qualified Stock;
@) pernunently rœtrains and enjoins Campbell âom violation of Sediôn 17(a) of
the Securities Act of 1933 Ctsecurhies Act'') (15 U.S.C. j 77q(a)), Sedion
10(b) of the Sv dties Exchange Ad of 1934 CtExchange Ad'') (15 U.S.C. j
78j(bX and Rule 1015 thereunderll; C.F.W 9 240. 10b-
5);
(c) orders Campbell to pay disgorgement of $50,000,* and
(d) orders Cnmpbell to pay a civil penalty in the amount of $75,000 pursuant to
Sedion 21(d)(3) of the Exchange Ad (15 U.S.C. j 78u(d)(3)J.
Csmpbell avees that he shall not seek or accept, directly or indiredly,3
.
reimbursement or indemniscation from any source, inc
luding but not limited to pam ent made
pursuant to any insurance policya with regard to any civil penalty amounts that Campbell pays
ptlrsuant to the Final Judgment, regardless of whether such penalty amounts or any pm thereof
are added to a distribution fund or otherwise used for the beneft of investors. Campbell further
avees that he shall not claim, assert, or apply for a tax dedudion or tax credit with regard to any
federal, state, or local tax for any penalty amounts that Campbell pays pursuant to the Final
Judgment, regardless of whether mch penalty amounts
or any part thereof are added to a
distribution fund or otherwise used for the benefit of investors.
4. Campbell waives the entry of Gndings of fad and conclusions of 1aw pursuant to
Rule 52 of the Federal Rules of Civil Procedure.
5. Campbell waives the right, if any, to a jury trial
and to appeal from the entry of
7

the Finsl Judgment.
Campbell enters into this Consent volumarily and represents that no threats,
olers, promises, or inducements of any kind have been made by the Commission or any
member, om cer, employee, agent, or representaive of the Commission to induce Campbell to
enter into this Consent.
7. Campbell agrees that this Consent shall be incorporated into the Final Judgment
with the same rorce and eFed as if fully set forth therein.
Campbell will not opm se the enforcement of the Final Jud> ent on the vound, if
any exists, that it fails to comply with Rule 65(d)
of the Federal Rules of Civil Procedure, and
hereby waives any objedion ba-.d thereon.
9. Campbell waives service of the Final Judgment and avees that entry of the Final
Judgment by the Court and filing with the Clerk of the Court will co- itute notice to Campbell
of its termA and conditions. Campbell further ar ees t
o provide counsel for the Commission,
within fourteen (14) days aAer the Final Judgment is Eled with the Clerk of the Courq with an
aKdavit or declaration stating that Campbell hn-q received and read a copy of the Final Judgment.
1O. Consistent w1t11 17 C.F.R. 202.5(9, th1 Consent msolves only the claims asseled
agninst Campbell in this civil proceM ing. Campbell acknowledges that no promise or
representation hms bœn made by the Commission or any member, om cer, employee, agent, or
representative of the Commission with regard to any criminal liability that may h ve arisen or
may arise Fom the fads underlying tllis action or immunity from any such criminal liability.
Campbell waives any claim of Double Jeopardy based u
pon the settlement of this proceeding,
including the imposition of any reme y or civil penalty herein. Campbell further acknowledges
that the Court's entry of a permsnent injundion may
have collateral consequences under federal
8

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 disqualifcation with respect to membership or pm icipation ina or association with a
member otl a self-regulatory orgsnization. 'lhis s'tatutory disqualiscation has con> uences that
are separate &om any sandion imposed in an administr
ative proceeding. In additiow in any
disciplinae proceeing before the Commission based on the entry of the injundion in this
actiona Campbell understands that he shall not be permitted to contest the fnctzlal allegations of
the Complaint in this action.
11. Campbell understands and agrees to comply with t
he Commission's policy 'fnot to
permit a defendant or respondem to consent to ajudgment or order thst imposes a sandion wbile
denying the allegations in the complaint or order for proe-dings.'' 17 C.F.R. j 202.5. In
compliance with this policy, Csmpbell agrees: (i) not to take any nrttion or to make or permit to
be made any public statement denying, diredly or ind
iredly, any allegation in the Complaint or
creating the impression that the Complaint is without faM lnl basis; and (ii) that upon the fling of
this Consent, Cnmpbell will be deemed to have withdrawn any papers sled in this adion to the
extent that they deny any allegation in the Complaint. If Campbell breaches tltis apw ment, the
Commission may petition the Coul to vacate the Final Judgment and restore this action to its
active docket. Nothing in this paravaph aFects Clmpbell's: (i) testimonial obligations; or (ii)
right to fxk'e Ie> or factual positions
Commission is not a party.
12. Campbell hereby waives any rights under the Equa
l Access to Justice Act, the
Small Business Regulatory Enforcement Fairness Ad of 1996, or any other provision of 1aw to
seek 9om the United Statesa or any agency, or any om cial of the United States acting in his or
9
in litigation or other legal proceedings in which the

her om cial capacity, dir- ly or indirectly,reimbursement of attom ey's fees or other fees,
expenses, or costs expended by Csmpbell to defend against this adion. For these purposes,
Csmpbell avees that he is not the prevailing party in this adion since the pm ies have reached a
good faith settlement.
13. Campbell apees that the Commission may present t
he Final Judgment to the
Court for sir ature and entry without further notice.

14. Campbell agrees that this Court shall retain jurisdidion over tMs matter for the
purpose of exlforcing the terms of the Final Judm ent.
- x ; a o g ;D
ated:
()n E,aZ 13 2011,
personally appeared before me and
N
.
/
r ZJ
Ku q .C? a person known to me
,
aups-gav-y./'f? .
acknowledged executing the foregoing Consent.
Notary Public
Commission expires:
Roy Campbel
j
**- !
%m $ w v a A gjx t
#* rnuxoqo jpp jav1 l
î !*1 m
-

? ExpfqEs:axl: a, 24.14 l
. .
- .. , ).js . vJv ajwàjxs j .
: at
. .
7
Approved as to form :
Thomas L. Taylor I1I
The Taylor Law Om ces, P.C.
4550 Post Oak Place Dr. Ste. 241
Houstona TX 77027
Tel: 713-626-5300
F> : 713-402-6154
[email protected]
Attorneyfor Dg-/èyzzfzzez/ Roy Campbell
11

OCR text (15,516c · tika · 95% conf)

IJNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLOD A

CASE NO. 11-20413-CW -GkARAM /G OODM AN

SECIJRITY S AND EXCHANGE COMM ISSION,

Plaintiff,

VS.

W ALL STREET CAPITAL FUNDW G LLC,

PIIILIP CARDW ELL. ROY CAW BELL. and
AARON IIIM ,

Defendants.
/

FW AL JUDGM ENT AS TO DEFENDANT ROY CAU BELL

The Securities and Exchange Commission having filed a Complain: and Defendant Roy

Campbell having entered a general appearance; consented to the Court's jurisdidion over

himself and the s'ubjœt matter of this adion; consented to entry of this Final Judgment without

admitting or denying the allegations of the Complaint (except ms to jurisdictionl; waived fndings

of fad and conclusions of law; and waived any right to appeal 9om tM s Final Judgment:

rf IS HEQEBY ORDEQED, ADJIJDGED, AND DECQEED that, purm ant to Sedion

20(g) of the Securities Ad of 1933 Csecurities Ad'') I15 U.S.C. j 77t(g)) and Sections 21(d)(5)

and 21(d)(6) of the Sv ities Exchange Ad of 1934 CExchange Ad'') (15 U.S.C. j 78u(d)(5)

and (6)J, Campbell and his agents, servants, employees, attomeys, and all persons in adive

concert or participation with them who receive aM lal notice of tMs Final Judgment by personal

service or otherwise are permanenlly restrained and enjoined Fom:

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 1 of 11

(A) dire-ly or indire-ly engaging in activities with a broker,dealer, or issuer for

purposes of issuing, trading, or inducing or attempting to induce the purchase or sale of any stock

unless it is (i) listH on a nationnl x lHties exchsnge and (ii) has had a markd capitalization of

at least $50,000,00% for 90 consM ttive days (a Roualified Stock''),' and

(B) from directly or indkectly promoe g, advelsinp or markding any issuer of any

stock unless it is a Qualified Stock; causing the promodon, advertisinga or marketing of any

issuer of any stock unless it is a Qualifed Stock; or deriving compensation &om the promotiow

advertising, or mnrketing of any issuer of any stock unless it is a Qualified Stock.

IT IS FUX THER O RDERED. ADJIJDGED, AND DECREED that, pursuant to

Section 21(d)(1) of the Exchange Ad (15 U.S.C. j 78u(d)(1X, Campbell and his agents,

servants, employees, attomeys, and a1l persons in adive concert or pm icipation with them who

receive actldnl notice of tMs Final Judgment by personal selvice or otherwise are permanently

restrained and enjoined from violating, directly or indirectly, Sedion 101) of the Exchange Act

(15 U.S.C. 9 78j(b)J and Rule l0b-5 promulgatH thereunder (17 C.F.K j 240.10b-5J, by using

any means or instmmentality of interstate commerce, or of the mails, or of any facility of any

national sM lrities excbsnge, in connedion with the purchase or sale of any security or atly

security-based swap v eement:

(a) to employ any device, scheme, or srfifce to defraud;

(b) to make any untrue statement of a material fact or to omit to state a material fad

necessary in order to make the statements made, in the light of the circum stances

under which they were made, not misleading; or

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 2 of 11

operate as a fraud or deceit upon any person.

m .

IT IS FIJRTHER ORDERED, ADJIJDGED, AND DECREED that, pursuant to

j i 20(b) of the sv lrities Ao-t (15 U.s.c. 9 77t(b)' q, cnmpbell and his agents, servants,ed on

employees, attomeys, and a1l persons in adive concert or pneicipation whh them who receive

adual notice of tMs Final Judgment by personal service or otherwise are permanently restrained

and enjoined âom violatlg Su ion 17(a) of the Securities Ad (15 U.S.C. j 77q(a)), by using

any means or instm mentality of transportation or communication in interstate com merce, or the

mails, in the oFer or sale of any security or any security-base swap av eement, diredly or

indirectly:

(a) to employ any device, scheme, or artisce to deH ud;

@) to obtain money or propeo by means of any untrue statement of a material fact

or any omission to state a material fad necessary in order to make the s'tatemems made,

in light of the circumstances under wlzich they were made, not misleading,' or

would operate as a fraud or deceit upon the purchaser.

IV.

IT IS FURTHER ORDERED, ADJIJDGED, AND DECQEED that Defendant

Campbell is liable for disgorgement of $50,000, representing prosts gaine as a result of the

condud alleged in the Complaint, and a civil penalty in the amount of $75,000 pursuant to

Sedion 20(d) of the Securities AG (15 U.S.C. j 77t(d)) and Sedion 21(dX3) of the Exchange

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 3 of 11

Act (l5 U.S.C. j 78u(dX3)j. Campbell shall satisfy this obligation by paying $125,000 within 14

days aher entry of this Final Judgment by certifed check bnnk e-Khier's check or United States

postal money order payable to the Securities and Exchange Commission. The payment shall be

delivered or mailed to the Securities and Excbange Commissiony Om ce of Financial

Mlnagement, Accounts Receivable, l00 F Street NE Stop 6042, W asllington DC 20549, and

shall be accomplnied by a letter identifying Campbell as a defendant in this adion; setting forth

the title and civil action number of tMs adion and the name of this Courq and specifying that

payment is made purmmnt to this Final Judgment. Cnmpbell shall simultaneously transmit

photocopies of such payment and letter to the Commission's cotmsel in this adion, Todd D.

Brody, and to Robert J. Keyes, Associate Rekonal Director, U.S. Securities and Exchange

Commissiol New York Regional Omce, 3 World Financial Center, Room 400, New York New

York 1028 1-1022. Defendant shall pay post-judgment interes't on any delinquent amounts

pursuant to 28 USC j 1961. The Commission shall remit the funds paid pursuant to this

parav aph to the United States Trm sury.

IT IS FIJRTHER ORDERED, ADJUDGED, AND DECREED that the attached

Consent of Defendant Roy Campbell is incoporated herein with the same force and eFect as if

fully set forth hereiq and that Campbell shall comply with al1 of the undertakings and

Y eements set forth therein.

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 4 of 11

IT IS FIJR'IRTER ORDERED, ADJUDGED, AND DECREED that this Court shall

retain jurisdidion of this matter for the purposes of enforcing the terms of tMs Final Judgment.

k.z 11Dated:
- -

>
- - .- -

SO ORDE D.

IJNITED STATES DISTRICT RJDGE

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 5 of 11

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORD A

CASE NO. 11-20413-CW -G RAH AM /GO OD> N

SECURITW S Ar EXCHANGE COY SSION,

Plaintië

VS.

W ALL STREET CAPITAL FUNDW G LLC,
PIC P CARDW ELL, R0Y CAW BELL, and

AARON HTM R,

Defendants.
/

CONSEXT OF DEFENDANT ROY CAM PBELL

1. Defendant Roy Campbell admits the Court's jurisdiction over himself and over

the subject matter of this action.

Without admitting or denying the allegations of the Complaint (except as to

personal and subject matter jurisdicwtiona which Campbell admits), Campbell hereby consents to

the entry of the Final Judgment mq to Defendant Roy Campbell in the form attached herdo (the

'Tinal Judgmenf') and incorporated by reference hereina whicha among other things:

(a) Permanently restrains and enjoins Campbell: from directly or indirectly

engaging in adivities with a broker, dealer, or issuer for puzposes of issuing,

trading, or inducing or attempting to induce the purchase or sale of any stock

unless it is (i) listed on a national securities exchange and (ii) has had a market

capitalization of at least $50,000,0000 for 90 conx ltive days (a tçoualified

Stock''),' and &om diredly or indirectly promoting, advertising, or markding

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 6 of 11

any issuer of any stock unless it is a Qualised Stock; causing the promotion,

advertising, or markeung of any issuer of any stock unless it is a Qualified

Stock; or deriving compensation from the promotion, advertising, or

marketing of any isseuer of any stock unless it is a Qualified Stock;

@) pernunently rœtrains and enjoins Campbell âom violation of Sediôn 17(a) of

the Securities Act of 1933 Ctsecurhies Act'') (15 U.S.C. j 77q(a)), Sedion

10(b) of the Sv dties Exchange Ad of 1934 CtExchange Ad'') (15 U.S.C. j

78j(bX and Rule 1015 thereunderll; C.F.W 9 240. 10b-5);

(d) orders Cnmpbell to pay a civil penalty in the amount of $75,000 pursuant to

Sedion 21(d)(3) of the Exchange Ad (15 U.S.C. j 78u(d)(3)J.

Csmpbell avees that he shall not seek or accept, directly or indiredly,3
.

reimbursement or indemniscation from any source, including but not limited to pam ent made

pursuant to any insurance policya with regard to any civil penalty amounts that Campbell pays

ptlrsuant to the Final Judgment, regardless of whether such penalty amounts or any pm thereof

are added to a distribution fund or otherwise used for the beneft of investors. Campbell further

avees that he shall not claim, assert, or apply for a tax dedudion or tax credit with regard to any

federal, state, or local tax for any penalty amounts that Campbell pays pursuant to the Final

Judgment, regardless of whether mch penalty amounts or any part thereof are added to a

distribution fund or otherwise used for the benefit of investors.

4. Campbell waives the entry of Gndings of fad and conclusions of 1aw pursuant to

Rule 52 of the Federal Rules of Civil Procedure.

5. Campbell waives the right, if any, to a jury trial and to appeal from the entry of

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 7 of 11

the Finsl Judgment.

Campbell enters into this Consent volumarily and represents that no threats,

olers, promises, or inducements of any kind have been made by the Commission or any

member, om cer, employee, agent, or representaive of the Commission to induce Campbell to

enter into this Consent.

7. Campbell agrees that this Consent shall be incorporated into the Final Judgment

with the same rorce and eFed as if fully set forth therein.

Campbell will not opm se the enforcement of the Final Jud> ent on the vound, if

any exists, that it fails to comply with Rule 65(d) of the Federal Rules of Civil Procedure, and

hereby waives any objedion ba-.d thereon.

9. Campbell waives service of the Final Judgment and avees that entry of the Final

Judgment by the Court and filing with the Clerk of the Court will co- itute notice to Campbell

of its termA and conditions. Campbell further ar ees to provide counsel for the Commission,

within fourteen (14) days aAer the Final Judgment is Eled with the Clerk of the Courq with an

aKdavit or declaration stating that Campbell hn-q received and read a copy of the Final Judgment.

1O. Consistent w1t11 17 C.F.R. 202.5(9, th1 Consent msolves only the claims asseled

agninst Campbell in this civil proceM ing. Campbell acknowledges that no promise or

representation hms bœn made by the Commission or any member, om cer, employee, agent, or

representative of the Commission with regard to any criminal liability that may h ve arisen or

may arise Fom the fads underlying tllis action or immunity from any such criminal liability.

Campbell waives any claim of Double Jeopardy based upon the settlement of this proceeding,

including the imposition of any reme y or civil penalty herein. Campbell further acknowledges

that the Court's entry of a permsnent injundion may have collateral consequences under federal

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 8 of 11

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 disqualifcation with respect to membership or pm icipation ina or association with a

member otl a self-regulatory orgsnization. 'lhis s'tatutory disqualiscation has con> uences that

are separate &om any sandion imposed in an administrative proceeding. In additiow in any

disciplinae proceeing before the Commission based on the entry of the injundion in this

actiona Campbell understands that he shall not be permitted to contest the fnctzlal allegations of

the Complaint in this action.

11. Campbell understands and agrees to comply with the Commission's policy 'fnot to

permit a defendant or respondem to consent to ajudgment or order thst imposes a sandion wbile

denying the allegations in the complaint or order for proe-dings.'' 17 C.F.R. j 202.5. In

compliance with this policy, Csmpbell agrees: (i) not to take any nrttion or to make or permit to

be made any public statement denying, diredly or indiredly, any allegation in the Complaint or

creating the impression that the Complaint is without faM lnl basis; and (ii) that upon the fling of

this Consent, Cnmpbell will be deemed to have withdrawn any papers sled in this adion to the

extent that they deny any allegation in the Complaint. If Campbell breaches tltis apw ment, the

Commission may petition the Coul to vacate the Final Judgment and restore this action to its

active docket. Nothing in this paravaph aFects Clmpbell's: (i) testimonial obligations; or (ii)

right to fxk'e Ie> or factual positions

Commission is not a party.

12. Campbell hereby waives any rights under the Equal Access to Justice Act, the

Small Business Regulatory Enforcement Fairness Ad of 1996, or any other provision of 1aw to

seek 9om the United Statesa or any agency, or any om cial of the United States acting in his or

in litigation or other legal proceedings in which the

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 9 of 11

her om cial capacity, dir- ly or indirectly,reimbursement of attom ey's fees or other fees,

expenses, or costs expended by Csmpbell to defend against this adion. For these purposes,

Csmpbell avees that he is not the prevailing party in this adion since the pm ies have reached a

good faith settlement.

13. Campbell apees that the Commission may present the Final Judgment to the

Court for sir ature and entry without further notice.

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 10 of 11

14. Campbell agrees that this Court shall retain jurisdidion over tMs matter for the

purpose of exlforcing the terms of the Final Judm ent.

- x ; a o g ;Dated:

()n E,aZ 13 2011,
personally appeared before me and

N . /
r ZJ

Ku q .C? a person known to me
, aups-gav-y./'f? .

acknowledged executing the foregoing Consent.

Notary Public
Commission expires:

Roy Campbel

**- !
%m $ w v a A gjx t

#* rnuxoqo jpp jav1 l
î !*1 m
-

? ExpfqEs:axl: a, 24.14 l

. . - .. , ).js . vJv ajwàjxs j .
: at

. . 7
Approved as to form :

Thomas L. Taylor I1I
The Taylor Law Om ces, P.C.
4550 Post Oak Place Dr. Ste. 241

Houstona TX 77027
Tel: 713-626-5300
F> : 713-402-6154

[email protected]

Attorneyfor Dg-/èyzzfzzez/ Roy Campbell

Case 1:11-cv-20413-DLG Document 48 Entered on FLSD Docket 10/13/2011 Page 11 of 11

Enriched metadata

Extracted insights

Related documents (5)