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 individuals in active concert or involvement using them whom get real notice regarding the injunction by individual solution or else, 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) for 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 individuals in active concert or involvement using them whom get real notice associated with injunction by individual solution or else, and every of those, from future violations of part 10(b) regarding 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 these, 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 yet not limited by bank reports, brokerage reports, opportunities, 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, along with other income gotten by defendants, and every of these, or even for their direct or indirect advantage, in or whenever you want towards the date of this accounting, explaining the foundation, quantity, disposition and present location of every associated with the things detailed;
3. The names and final understood addresses of most bailees, debtors, along with 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 those, or just about any other individual managed by them, from individuals whom offered cash to defendants associated with the offer, purchase or purchase of assets 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 conduct that is fraudulent in this problem 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 perhaps, 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 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 just about any of the names and 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 other individual or entity keeping such assets, funds, or any other properties of defendants, and every of those, to carry or retain within its control and prohibit the withdrawal, elimination, transfer, or any other disposal of every such assets, funds, or any 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 utilizing the access associated with the 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, payday loans Georgia monetary or brokerage organizations, and lawyers that refer, reflect or relate with the allegations associated with the issue, including, however 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 additional relief as is simply and proper.