Securities and Exchange Commission v. Nancy M Tullos

Justia Dockets & Filings Ninth Circuit California Central District Securities and Exchange Commission v. Nancy M Tullos

Securities and Exchange Commission v. Nancy M Tullos

Plaintiff:	Securities and Exchange Commission
Defendant:	Nancy M Tullos
Case Number:	8:2008cv00242
Filed:	March 4, 2008
Court:	US District Court for the Central District of California
Office:	Southern Division - Santa Ana Office
County:	Orange
Presiding Judge:	Marc L. Goldman
Presiding Judge:	Andrew J. Guilford
Nature of Suit:	Securities/Commodities
Cause of Action:	15 U.S.C. § 77 Securities Fraud
Jury Demanded By:	None

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Date Filed	Document Text
November 10, 2010	Filing 11 AMENDED FINAL JUDGMENT OF DEFENDANT NANCY M. TULLOS by Judge Cormac J. Carney. It Is Further Ordered that this Amended Final Judgment shall be entered nunc pro tunc, and stand in place of the Final Judgment entered by this Court on 3/10/08. Related to: Judgment 6 (twdb)
March 10, 2008	Filing 6 FINAL JUDGMENT by Judge Andrew J. Guilford as to DEFENDANT NANCY M. TULLOS: (MD JS-6, Case Terminated). I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Tullos and her agents, servants, employees, attorneys, and all persons in active concert or pa rticipation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a)(3) of the Securities Act of 1933, 15 U.S.C. § 77q(a)(3), in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly, to obtain 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 to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. (See document for further details.) VII. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Tullos is liable for disgorgement of $1,260,455.40, representing profits gained as a result of the conduct alleg ed in the Complaint, together with prejudgment interest thereon in the amount of $49,561.80, for a total of $1,310,017.20. Tullos shall be deemed to have disgorged the Disgorgement Amount on December 15, 2006, the date on which Broadcom Cor poration cancelled Tullos' exercisable options to buy Broadcom stock, which were valuedat $4.27 million at the time of cancellation. In the event that Tullos pursues any claim for relief from Broadcom for its cancellation of her exercisable options, Tullos shall exclude from any such claim all legal and equitable interest, title or right to obtain the Disgorgement Amount. III.IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Tullos shall pay a civil penalty in the amount of $100,0 00 pursuant to Section 20(d) of the Securities Act, 15 U.S.C. § 77t(d), and Section 21(d)(3) of the Exchange Act, 15 U.S.C. § 78u(d)(3). Tullos shall make this payment within ten (10) business days after entry of this Final Judgment by cert ified check, bank cashiers check, or United States postal money order payable to the Securities and Exchange Commission. The payment shall be delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, Operations Ce nter, 6432 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be accompanied by a letter identifying Nancy M. Tullos as a defendant in this action; setting forth the title and civil action number of this action and the name of th is Court; and specifying that payment is made pursuant to this Final Judgment. Tullos shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. The Commission shall remit the funds paid pursuant to this paragraph to the United States Treasury. (rla)

Date Filed

Document Text

November 10, 2010

Filing 11 AMENDED FINAL JUDGMENT OF DEFENDANT NANCY M. TULLOS by Judge Cormac J. Carney. It Is Further Ordered that this Amended Final Judgment shall be entered nunc pro tunc, and stand in place of the Final Judgment entered by this Court on 3/10/08. Related to: Judgment 6 (twdb)

March 10, 2008

Filing 6 FINAL JUDGMENT by Judge Andrew J. Guilford as to DEFENDANT NANCY M. TULLOS: (MD JS-6, Case Terminated). I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Tullos and her agents, servants, employees, attorneys, and all persons in active concert or pa rticipation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a)(3) of the Securities Act of 1933, 15 U.S.C. § 77q(a)(3), in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly, to obtain 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 to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. (See document for further details.) VII. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Tullos is liable for disgorgement of $1,260,455.40, representing profits gained as a result of the conduct alleg ed in the Complaint, together with prejudgment interest thereon in the amount of $49,561.80, for a total of $1,310,017.20. Tullos shall be deemed to have disgorged the Disgorgement Amount on December 15, 2006, the date on which Broadcom Cor poration cancelled Tullos' exercisable options to buy Broadcom stock, which were valuedat $4.27 million at the time of cancellation. In the event that Tullos pursues any claim for relief from Broadcom for its cancellation of her exercisable options, Tullos shall exclude from any such claim all legal and equitable interest, title or right to obtain the Disgorgement Amount. III.IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Tullos shall pay a civil penalty in the amount of $100,0 00 pursuant to Section 20(d) of the Securities Act, 15 U.S.C. § 77t(d), and Section 21(d)(3) of the Exchange Act, 15 U.S.C. § 78u(d)(3). Tullos shall make this payment within ten (10) business days after entry of this Final Judgment by cert ified check, bank cashiers check, or United States postal money order payable to the Securities and Exchange Commission. The payment shall be delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, Operations Ce nter, 6432 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be accompanied by a letter identifying Nancy M. Tullos as a defendant in this action; setting forth the title and civil action number of this action and the name of th is Court; and specifying that payment is made pursuant to this Final Judgment. Tullos shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. The Commission shall remit the funds paid pursuant to this paragraph to the United States Treasury. (rla)

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Defendant: Nancy M Tullos
Represented By:	Ismail Jomo Ramsey
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Plaintiff: Securities and Exchange Commission
Represented By:	Juling Ma
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