ACE PAYDAY PLUS, LLC D/B/A ACE PAYDAY PLUS II, LLC; ACE PAYDAY MANAGEMENT, INC; ACE MANAGEMENT, LLC.; AND JAMES BIANCO,
WHEREFORE , Plaintiff Commission respectfully requests that this Court:
A. Grant an Order temporarily and preliminarily, and a Final Judgment completely enjoining defendants, their officers, agents, servants, workers, solicitors, and all sorts of people in active concert or involvement from future violations of Sections 5(a) and (c), 15 U.S.C. В§В§ 77e(a) and 77e(c), and 17(a) of the Securities Act, 15 U.S.C. В§ 77q(a) with them who receive actual notice of the injunction by personal service or otherwise, and each of them.
B. Grant an Order temporarily and preliminarily, and a Final Judgment completely enjoining defendants, their officers, agents, servants, workers, lawyers, and all sorts of individuals in active concert or involvement from future violations of Section 10(b) of the Exchange Act, 15 U.S.C. В§ 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. В§ 240.10b-5 with them who receive actual notice of the injunction by personal service or otherwise, and each of them.
C. Grant an Order directing defendants, and every of these, to register using this Court and provide upon plaintiff, within three company times, or within such expansion of the time given that Commission agrees, a confirmed written accounting, finalized by them under penalty of perjury, of:
1. All assets, liabilities and home currently held straight or indirectly by or even for the main benefit of defendants, and every of those, including however restricted to bank reports, brokerage records, assets, company passions, loans, personal lines of credit, and genuine and individual home anywhere situated, explaining each asset and obligation, and its particular present location and quantity;
2. All cash, home, assets, as well as other earnings gotten by defendants, and every of those, and for their direct or benefit that is indirect in or whenever you want to your date associated with accounting, explaining the foundation, quantity, disposition and present location of every of this things detailed;
3. The names and final understood addresses of most bailees, debtors, as well as other individuals and entities that are presently keeping the assets, funds or home of defendants, and every of these; and
4. All assets, funds, securities, genuine or individual home gotten by defendants, and every of these, or other individual managed by them, from people whom offered cash to defendants relating to the offer, purchase or purchase of opportunities of all kinds, plus the disposition of these assets, funds, assets, and genuine or individual home.
D. Grant a Final Judgment directing defendants to disgorge their unjust enrichment through the fraudulent conduct alleged in this payday loans Georgia issue and also to spend prejudgment interest thereon.
E. Give a Final Judgment evaluating charges against defendants pursuant to Section 20(d) associated with Securities Act, 15 U.S.C. В§ 77t(d), and Section 21(d)(3) associated with Exchange Act, 15 U.S.C. В§ 78u(d)(3), for the violations alleged herein.
F. Grant an Order directing that defendants, and their officers, agents, servants, workers, attorneys-in-fact, and all sorts of individuals in active concert or involvement with every of those, whom get real notice of these purchase by individual service, facsimile solution, or else, and every of those, hold and retain inside their control, and otherwise prevent any withdrawal, transfer, pledge, encumbrance, project, dissipation, concealment, or other disposal of every assets, funds, or other properties (including cash, genuine or individual home, securities, chooses for action or home of every type whatsoever) of defendants presently held by them or under their control, whether held in every of these names or even for any one of their direct or indirect useful interest anywhere situated, and directing each one of the monetary or brokerage organizations, debtors, and bailees, or every other individual or entity keeping such assets, funds, or any other properties of defendants, and every of these, to put up or retain within its control and prohibit the withdrawal, elimination, transfer, or other disposal of every such assets, funds, or any other properties.
G. Grant an Order enjoining and defendants that are restraining anybody or entity acting at their way or for the kids from destroying, changing, concealing or elsewhere interfering using the access of this plaintiff to virtually any and all sorts of papers, publications and documents that are into the control, custody or control of defendants, their agents, workers, servants, accountants, monetary or brokerage organizations, and solicitors that refer, reflect or relate genuinely to the allegations of this problem, including, however limited by, papers, publications and documents referring, showing or concerning Ace Payday’s company operations, and its own offer or purchase of securities while the utilization of profits therefrom.
H. Give such other and additional relief as is simply and appropriate.