5 gen 2021
Payday advances llc. SECURITIES AND EXCHANGE COMMISSION
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 individuals 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, solicitors, 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 those, to register with this particular 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 advantage of defendants, and every of these, including although not restricted to bank records, brokerage reports, opportunities, company passions, loans, credit lines, and genuine and property that is personal 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 these, or even for their direct or indirect benefit, in or whenever you want towards the date associated with accounting, explaining the origin, amount, disposition and current location of every regarding the things detailed;
3. The names and final understood addresses of most bailees, debtors, as well as other people 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 virtually any individual managed by them, from people whom offered cash to defendants associated with the offer, purchase or purchase of opportunities of any sort, in addition to 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 conduct that is fraudulent in this problem also to spend prejudgment interest thereon.
E. Give a Final Judgment evaluating charges against defendants pursuant to Section d that is 20( associated with the Securities Act, 15 U.S.C. В§ 77t(d), and Section 21(d)(3) associated with the 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 these, whom get real notice of these purchase by online payday loans with no credit check Oregon individual service, facsimile solution, or elsewhere, and every of those, hold and retain of their control, and otherwise prevent any withdrawal, transfer, pledge, encumbrance, assignment, dissipation, concealment, or any other disposal of any 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 almost any of these names or even 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 other properties of defendants, and every of these, to put on or retain within its control and prohibit the withdrawal, treatment, 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 with the person from destroying, changing, concealing or elsewhere interfering using the access associated with the plaintiff to your 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 solicitors that refer, reflect or relate with the allegations for the issue, including, although not restricted to, papers, publications and documents referring, showing or associated with Ace Payday’s business operations, and its particular offer or purchase of securities together with usage of profits therefrom.
H. Give such other and further relief as is simply and appropriate.