National Investment Consultants_ Inc._ et al._ and Theresa by backgroundnow

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									Case 3:05-cv-02641-JSW

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION U.S. COMMODITY FUTURES TRADING COMMISSION et al., Plaintiffs, vs. NATIONAL INVESTMENT CONSULTANTS, INC., et al., Defendants, and THERESA C. WONG, an individual, Relief Defendant. ) ) ) ) ) ) Case No.: 05-cv-02641-JSW ) ) Judge: The Hon. Jeffrey S. White ) ) ) ) ) ) ) ) ) )

(Proposed) CONSENT ORDER OF PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF AGAINST DEFENDANTS PACIFIC BEST GROUP LTD, NATIONAL INVESTMENT CONSULTANTS, INC, WEI MAN TSE, RUN PING ZHOU, YI KERRY XU AND RELIEF DEFENDANT THERESA WONG On June 28, 2005 Plaintiffs, U.S. Commodity Futures Trading Commission (“Commission”) and the Commissioner of Corporations for the State of California (“State of California”) filed a Complaint for permanent injunction and other relief, and moved pursuant to Section 6c and 6d of the Commodity Exchange Act ("Act"), as amended, 7 U.S.C. § 13a-1 and § 13a-2 (2002), for a Statutory Restraining Order and Preliminary Injunction freezing the assets of

23 24 25 26 27 the Defendants, Pacific Best Group, Ltd. a.k.a. Pacific Best Company, Ltd. (“Pacific Best”), National Investment Consultants, Inc. (“NICI”), South China Investments, Inc.(“South China”),Wei Man Tse a.k.a. Raymond Tse, Run Ping Zhou a.k.a. Flora Zhou a.k.a Flora Giorgi, and Yi “Kerry” Xu (collectively, “Defendants”), prohibiting the Defendants from destroying any

SOURCED: WWW.BACKGROUNDNOW.COM Page 1 of 25 28 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and Wong news; business records, books or documents, and alleging that Relief Defendant Theresa civil case and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested 1 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.

Case 3:05-cv-02641-JSW

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received ill-gotten gains. On June 29, 2005, a statutory restraining order was entered as to all Defendants. On August 26, 2005, this Court granted in part and denied in part Plaintiffs’ Motion for a Preliminary Injunction enjoining Defendants Pacific Best, NICI, South China, and Flora Zhou

5 6 7 8 9 10 11 action and to effect a full and final settlement of the alleged violations of federal and California 12 13 14 15 16 17 18 of this action. 19 20 21 22 23 24 25 Regulations, 17 C.F.R. §§ 148.1 et seq., to seek costs, fees and other expenses relating to, or 26 27 arising from, this action; (b) the entry of findings of fact and conclusions of law in this action as 3. Defendants admit that venue properly lies with this Court pursuant to Section 6c of the Act, 7 U.S.C. §13a-1 (2002). 4. In addition, Defendants waive: (a) all claims which they may possess under the Equal Access to Justice Act, 5 U.S.C. § 504 (2000) and 28 U.S.C. § 2412 (2000), as amended by Pub. L. No. 104-121, §§ 231-32, 110 Stat. 862-63, and Part 148 of the Commission's state law without a trial on the merits or further judicial proceedings, Defendants and Relief Defendant Wong consent to the entry of this Consent Order of Permanent Injunction and Other Relief Against Defendants Pacific Best, NICI, Raymond Tse, Flora Zhou, and Kerry Xu (the “Order”). 2. Defendants admit that this Court has jurisdiction over them and the subject matter from certain violations of provisions of the Act and the California Corporations Code and continued the asset freeze as to these Defendants. I. CONSENTS AND AGREEMENTS 1. In order to dispose of all the allegations and issues raised in the complaint in this

SOURCED: WWW.BACKGROUNDNOW.COM Federal Rules of Civil Procedure, except as provided Page 2 of in provided by Rule 52 of the below 25 28 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.

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Section II; (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) all rights of appeal from this Order. 
								
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