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 forever enjoining defendants, their officers, agents, servants, workers, solicitors, and all individuals in active concert or involvement together with them whom get real notice associated with injunction by individual solution or elsewhere, and every of those, from future violations of parts 5(a) and (c), 15 U.S.C. В§В§ 77e(a) and 77e(c), and 17(a) associated with the Securities Act, 15 U.S.C. В§ 77q(a).
B. Grant an Order temporarily and preliminarily, and a Final Judgment forever enjoining defendants, their officers, agents, servants, workers, lawyers, and all sorts of people in active concert or involvement together with them whom get real notice of this injunction by individual solution or elsewhere, and every of these, from future violations of part 10(b) for the Exchange Act, 15 U.S.C. В§ 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. В§ 240.10b-5.
C. Grant an Order directing defendants, and every of those, to file with this specific Court and provide upon plaintiff, within three company times, or within such expansion of the time once the 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 these, including not limited by bank reports, brokerage records, assets, company passions, loans, credit lines, and genuine and property that is personal situated, explaining each asset and obligation, and its own present location and quantity;
2. All cash, home, assets, as well as other earnings gotten by defendants, and every of these, and for their direct or benefit that is indirect in or whenever you want towards the date associated with the accounting, explaining the origin, quantity, disposition and present location of each and every of the products detailed;
3. The names and final understood addresses of all of the bailees, debtors, along with other persons 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 just about any other individual managed by them, from people whom offered cash to defendants associated with the offer, purchase or purchase of opportunities of any sort, while 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 issue also to spend prejudgment interest thereon.
E. Give a Final Judgment evaluating charges against defendants pursuant to Section d that is 20( 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), when it comes to violations alleged herein.
F. Grant an Order directing that defendants, and their officers, agents, servants, workers, attorneys-in-fact, and all sorts of people in active concert or participation with every of those, whom get real notice of these purchase by individual service, facsimile solution, or perhaps, and every of those, hold and retain inside their control, and otherwise prevent any withdrawal, transfer, online payday WI pledge, encumbrance, project, dissipation, concealment, or other disposal of any assets, funds, or any 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 virtually any of these names and for any one of their direct or indirect useful interest anywhere situated, and directing all the economic or brokerage organizations, debtors, and bailees, or other individual or entity keeping such assets, funds, or any other properties of defendants, and every of these, to keep or retain within its control and prohibit the withdrawal, elimination, transfer, or any other disposal of any such assets, funds, or other properties.
G. Grant an Order enjoining and restraining defendants or anybody or entity acting at their way or for the kids from destroying, changing, concealing or elsewhere interfering with all the access of this plaintiff to virtually any and all sorts of papers, publications and documents that are when you look at the control, custody or control over defendants, their agents, workers, servants, accountants, economic or brokerage organizations, and lawyers that refer, reflect or relate genuinely to the allegations of this grievance, including, although not restricted to, papers, publications and documents referring, showing or associated with Ace Payday’s company operations, and its particular offer or purchase of securities while the utilization of profits therefrom.
H. Give such other and additional relief as is simply and appropriate.