Albert E. Parish and Parish Economics_ LLC by backgroundnow

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									2:07-cv-01044-DCN

Date Filed 02/02/2009

Entry Number 21

Page 1 of 20

2009-12-15

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA (CHARLESTON DIVISION) COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. ALBERT E. PARISH AND PARISH ECONOMICS, LLC, Defendants. : : : : : : : : : : : : CIVIL ACTION NO.: 2:07-CV-01044-DCN CONSENT ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AGAINST DEFENDANTS

I. BACKGROUND

On April 17, 2007, Plaintiff Commodity Futures Trading Commission (Commission) filed a Complaint in the above-captioned action against Albert E. Parish (Parish) and Parish Economics, LLC (Parish Economics) (collectively, Defendants) seeking injunctive and other equitable relief for violations of the Commodity Exchange Act (Act), 7 U.S.C. §§ 1 et seq. (2002), and the Commission's Regulations (Regulations) promulgated thereunder, 17 C.F.R. §§ 1.1 et seq. (2007). The Court entered its Consent Order of Preliminary Injunction against Defendants on May 10, 2007. II. CONSENTS AND AGREEMENTS To effect settlement of the matters alleged in the Complaint in this action without a trial on the merits or further judicial proceedings, the Defendants: 1. Agree to the entry of this Consent Order for Permanent Injunction and Other

Equitable Relief (Consent Order); 2. Affirm that they have read and agreed to this Order voluntarily, and that no

threats or promises, other than as contained herein, have been made by the Commission or any
SOURCED: WWW.BACKGROUNDNOW.COM Page 1 of 20 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

2:07-cv-01044-DCN

Date Filed 02/02/2009

Entry Number 21

Page 2 of 20

2009-12-15

member, officer, agent or representative thereof, or by any other person, to induce consent to this Consent Order, other than as set forth specifically herein; 3. 4. Acknowledge proper service of the Summons and Complaint; Admit this Court's jurisdiction over them and the subject matter of this action

pursuant to Section 6c of the Act, 7 U.S.C. § 13a-1 (2002); 5. Admit that venue properly lies with this Court pursuant to Section 6c of the Act, 7

U.S.C. § 13a-1; 6. Waive: a) all claims they may possess under the Equal Access to Justice Act (EAJA) (hereinafter EAJA), 5 U.S.C. § 504 (2006) and 28 U.S.C. § 2412 (2006), relating to or arising from this action and any right under EAJA to seek costs, fees, and other expenses relating to or arising from this action; b) any claim that they may possess under the Small Business Regulatory Enforcement Fairness Act, 1996 HR 3136, Pub. L. 104-121, §§ 231-232, 110 Stat. 862-63 (Mar. 29, 1996), relating to or arising from this action; c) any claim of double jeopardy based upon the institution of this proceeding or the entry in this proceeding of any order imposing a civil monetary penalty or any other relief; and d) 7. all rights of appeal in this action;

Consent to the continued jurisdiction of this Court for the purpose of enforcing

the terms and conditions of this Consent Order and for any other purposes relevant to this case, even if Defendants now or in the future reside outside the District of South Carolina;

SOURCED: WWW.BACKGROUNDNOW.COM Page 2 of 20 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested 2 readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

2:07-cv-01044-DCN

Date Filed 02/02/2009

Entry Number 21

Page 3 of 20

2009-12-15

8.

Agree that neither Defendants nor any of their agents, employees, contractors,

representatives or attorneys shall take any action or make any public statement denying, directly or indirectly, any allegations in the Complaint or the Find
								
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