SEC V Spencer Pharmaceutical Inc Et Al Doc 181-1 Filed 08 Dec 14
SEC V Spencer Pharmaceutical Inc Et Al Doc 181-1 Filed 08 Dec 14
(b)
to obtain any 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)
(b)
to make any untrue statement of a material fact or omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances under which they
were made, not misleading; or
(c)
to engage in any act, practice, or course of business which operates or would operate
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].
IV.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant
to Section 20(e) of the Securities Act [15 U.S.C. 77t(e)] and Section 21(d)(2) of the Exchange Act
[15 U.S.C. 78u(d)(2)], Amyot is prohibited from acting as an officer or director of any issuer that
has a class of securities registered pursuant to Section 12 of the Exchange Act [15 U.S.C. 78l] or
that is required to file reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. 78o(d)].
V.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant
to Section 20(g)(1) of the Securities Act [15 U.S.C. 77t(g)(1)] and Section 21(d)(6)(A) of the
Exchange Act [15 U.S.C. 78u(d)(6)(A)], Amyot is permanently barred from participating in an
offering of any penny stock, including 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 penny
stock. A penny stock is any equity security that has a price of less than five dollars, except as
provided in Rule 3a51-1 promulgated under the Exchange Act [17 C.F.R. 240.3a51-1].
VI.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that:
(a)
Amyot, Hilbroy, and IAB Media are jointly and severally liable for disgorgement of
$3,055,890.80, representing profits gained as a result of the misconduct alleged in the Complaint,
together with prejudgment interest thereon in the amount of $371,130.20, for a total amount of
$3,427,021.00;
(b) Amyot is solely liable for additional disgorgement of $2,186,743.87, representing profits
gained as a result of the misconduct alleged in the Complaint, together with prejudgment interest
thereon in the amount of $265,574.51, for a total amount of $2,452,318.38;
(c) Amyot is liable for a civil penalty in the amount of $_____________ pursuant to Section
20(d)(2) of the Securities Act [15 U.S.C. 77t(d)(2)] and Section 21(d)(3) of the Exchange Act [15
U.S.C. 78u(d)(3)];
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(d) Hilbroy is liable for a civil penalty in the amount of $_____________ pursuant to
Section 20(d)(2) of the Securities Act [15 U.S.C. 77t(d)(2)] and Section 21(d)(3) of the Exchange
Act [15 U.S.C. 78u(d)(3)]; and
(e) IAB Media is liable for a civil penalty in the amount of $_____________ pursuant to
Section 20(d)(2) of the Securities Act [15 U.S.C. 77t(d)(2)] and Section 21(d)(3) of the Exchange
Act [15 U.S.C. 78u(d)(3)].
Amyot, Hilbroy, and IAB Media shall satisfy these obligations by making payments within
14 days after entry of this Final Judgment.
Amyot, Hilbroy, and IAB Media may transmit payments electronically to the Commission,
which shall provide detailed ACH transfer/Fedwire instructions upon request. They may also make
payments directly from a bank account through the SEC website at
http://www.sec.gov/about/offices/ofm.htm. They may also make payments by certified check, bank
cashiers check, or United States postal money order payable to the Securities and Exchange
Commission, which shall be delivered or mailed to:
Enterprise Services Center
Accounts Receivable Branch
6500 South MacArthur Boulevard
Oklahoma City, OK 73169
and shall be accompanied by a letter identifying the case title, civil action number, name of this
Court, and their name as a defendant in this action, and specifying that payment is made pursuant to
this Final Judgment.
Amyot, Hilbroy, and IAB Media shall simultaneously transmit photocopies of evidence of
payments and case identifying information to the Commissions counsel in this action. By making
their payments, Amyot, Hilbroy, and IAB Media relinquish all legal and equitable right, title, and
5
interest in such funds and no part of the funds shall be returned to him. The Commission shall send
the funds paid pursuant to this Final Judgment to the United States Treasury.
Amyot, Hilbroy, and IAB Media shall pay post judgment interest on any delinquent amounts
pursuant to 28 U.S.C. 1961.
VII.
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that this Court
shall retain jurisdiction over Amyot, Hilbroy, and IAB Media as a party to this matter for all
purposes, including the implementation and enforcement of this Final Judgment.
_____________________________________
UNITED STATES DISTRICT JUDGE
Dated: _________________, 2014