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, lawyers, and all sorts of people in active concert or involvement using them whom get real notice for the injunction by individual solution or perhaps, and every of these, 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 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, solicitors, and all sorts of individuals in active concert or involvement using them whom get real notice associated with the injunction by individual solution or perhaps, 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 register with this particular Court and provide upon plaintiff, within three company times, or within such expansion of the time while 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 advantage of defendants, and every of these, including not restricted to bank reports, brokerage records, opportunities, company passions, loans, personal lines of credit, and genuine and individual home anywhere situated, explaining each asset and obligation, and its own present location and quantity;
2. All cash, home, assets, along with other earnings gotten by defendants, and every of those, or even for their direct or benefit that is indirect in or whenever you want into the date associated with the accounting, describing the foundation, quantity, disposition and present location of every of this things detailed;
3. The names and final understood addresses of all of the bailees, debtors, along with other individuals and entities that are presently keeping the assets, funds or home of defendants, and every of those; 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 individuals whom supplied cash to defendants associated with the offer, purchase or purchase of assets of any sort, plus the disposition of these assets, funds, opportunities, and genuine or individual home.
D. Grant a Final Judgment directing defendants to disgorge their unjust enrichment through the fraudulent conduct alleged in this problem also to spend prejudgment interest thereon.
E. Give a Final Judgment evaluating charges against defendants pursuant to Section 20(d) regarding 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 people in active concert or involvement with every of those, whom get actual notice of these purchase by individual service, facsimile solution, or else, and every of these, hold and retain of 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 currently held by them or under their control, whether held in virtually any of the names or even for some of their direct or indirect useful interest anywhere situated, and directing each one of the monetary or brokerage organizations, debtors, and bailees, or just about any other individual or entity keeping such assets, funds, or any other properties of defendants, and every of these, to put on or retain within its control and prohibit the withdrawal, reduction, 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 with the person from destroying, changing, concealing or elsewhere interfering using the access for the plaintiff to virtually any and all sorts of papers, publications and documents that are within the control, custody or control over defendants, their agents, workers, servants, accountants, economic or brokerage organizations, and solicitors that refer, reflect or relate solely to the allegations regarding the grievance, including, although not restricted to, papers, publications and documents referring, showing or associated with Ace Payday’s company operations, as well as its offer or purchase of securities together with utilization of profits therefrom.
H. Give such other and further relief as is simply and appropriate.