WALL STREET UNDERGROUND

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					Case 2:03-cv-02193-CM

Document 268

Filed 07/11/2006

Page 1 of 9

2009-12-15

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

COMMODITIES FUTURE TRADING COMMISSION, Plaintiff, v. WALL STREET UNDERGROUND, INC, et al., Defendants.

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CIVIL ACTION No. 03-2193-CM

ORDER OF DEFAULT JUDGMENT FOR PERMANENT INJUNCTION, RESTITUTION AND CIVIL MONETARY PENALTY AGAINST WALL STREET UNDERGROUND, INC., AND NICHOLAS A. GUARINO Plaintiff, Commodity Futures Trading Commission (“Commission”), on April 22, 2003, filed a Complaint against Defendants, Wall Street Underground, Inc. (“WSU”), Web Fulfillment Centre, Inc. (“Web”), Derek Abrahams (“Abrahams”), Nicholas A. Guarino, Jr. (“Guarino”) and Frank Asaro (“Asaro”), seeking injunctive and other equitable relief for violations of the Commodity Exchange Act, as amended (“Act”), 7 U.S.C. §§ 1 et seq. (2002), and regulations promulgated thereunder, 17 C.F.R. §§ 1 et seq. (2004). On July 18, 2003, the Court entered a Preliminary Injunction against Defendants Guarino and WSU, among others. Defendants Guarino and WSU did not timely plead or otherwise defend as to the complaint within the time permitted by the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) or as extended by court order, and the Commission moved for a default judgment of permanent injunction. This Court has considered the complaint, declarations, exhibits, memorandum in support of the renewed motion for entry of default judgment against Guarino and WSU and
SOURCED: WWW.BACKGROUNDNOW.COM Page 1 of 9 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.

Case 2:03-cv-02193-CM

Document 268

Filed 07/11/2006

Page 2 of 9

2009-12-15

other papers filed herein, and being fully advised in the premises; THE COURT FINDS: 1. This Court has jurisdiction over this action pursuant to Section 6c(a) of the

Act, 7 U.S.C. § 13a-1, which authorizes the Commission to seek injunctive relief against any person whenever it shall appear to the Commission that such person has engaged, is engaging, or is about to engage in any act or practice constituting a violation of any provisions of the Act or any rule, regulation or order thereunder. 2. Venue properly lies with this Court pursuant to Section 6c of the Act, 7

U.S.C. § 13a-1(e), in that Guarino and WSU are found in, inhabit, or transact business in this district, and the acts and practices alleged to be in violation of the Act have occurred, are occurring, or are about to occur within this district. 3. On April 25, 2003, Defendant WSU, through its registered agent, was

properly served with the Summons and Complaint. However, WSU failed to plead or otherwise defend as to the complaint within the time permitted by Fed. R. Civ. P. 12(a)(1). WSU’s default has been entered by the Clerk of the Court pursuant to Fed. R. Civ. P. 55(a). 4. Defendant Guarino was served by publication on September 20, 2004,

through September 29, 2004. Guarino’s default has been entered by the Clerk of the Court pursuant to Fed. R. Civ. P. 55(a). 5. On August 16, 2005, this court denied Guarino’s Motion to Review and Set

Aside Order Directing Service by Publication. 6. On August 22, 2005, this court issued a Memorandum and Order taking

under advisement Guarino’s Motion to Set Aside Default, Quash Service and Dismiss for Improper Service, Lack of Personal Jurisdiction and Failure to Serve, and ordered Guarino
SOURCED: WWW.BACKGROUNDNOW.COM Page 2 of 9 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
				
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