UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION

Case No. 00-6462-CIV-Ferguson

FEDERAL TRADE COMMISSION, Plaintiff,

v.

FEDERAL DATA SERVICE, INC., et al., Defendants.

STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION AND SETTLEMENT OF CLAIMS

The Federal Trade Commission ("Commission") commenced this civil action on April 3, 2000. The defendants, as named in the First Amended Complaint for Injunction and Other Equitable Relief ("Amended Complaint"), are Federal Data Service, Inc., Stephen G. Tate, Spencer P. Golden, and Dawn R. Johnson. The Commission and defendants Federal Data Service, Inc., Stephen G. Tate, Spencer P. Golden, and Dawn R. Johnson hereby stipulate to this Final Order for Permanent Injunction and Settlement of Claims ("Order").

FINDINGS

By stipulation of the parties, the Court finds as follows:

1. The Commission brings this action pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 53(b). The Commission seeks both permanent injunctive relief and consumer redress for alleged unfair or deceptive acts or practices by the Defendants in connection with the telemarketing of employment goods and services.
 
2. The Commission has the authority under Section 13(b) of the FTC Act to seek the relief it has requested.
 
3. This Court has jurisdiction over the subject matter of this action and has jurisdiction over the Defendants. Venue in the Southern District of Florida is proper.
 
4. The activities of the Defendants, as alleged in the Amended Complaint, were in or affecting commerce, as defined in Section 4 of the FTC Act, 15 U.S.C.  44.
 
5. The Commission and the Defendants stipulate and agree to this Order, without trial or final adjudication of any issue of fact or law, to settle and resolve all matters in dispute arising from the Amended Complaint to the date of entry of this Order. The Defendants do not admit any of the allegations set forth in the Amended Complaint, other than jurisdictional facts. The Commission and the Defendants stipulate and agree that this Order constitutes a settlement agreement pursuant to Federal Rule of Evidence 408.
 
6. The Defendants waive all rights to seek judicial review or otherwise challenge or contest the validity of this Order. They also waive any claim that they may have held under the Equal Access to Justice Act, 28 U.S.C.  2412, concerning the prosecution of this action to the date of this Order. Each settling party shall bear its own costs and attorneys' fees.
 
7. The Defendants waive any claim they may have against the receiver, Gerald Wald, Esq., or against the assets of the receivership estate.
 
8. Entry of this Order is in the public interest.

9. Pursuant to Federal Rule of Civil Procedure 65(d) the provisions of this Order are binding upon the Defendants, and their officers, agents, servants, employees and attorneys, and upon those persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise.

DEFINITIONS

For purposes of this Order, the following definitions shall apply:

1. "Defendants" means Federal Data Service, Inc., Stephen G. Tate, Spencer P. Golden, Dawn R. Johnson, and any entity through which they do business including, but not limited to, ZOT, Inc., Consolidated Data Services, Inc., and Professional Alarm Services, Inc.
 
2. "Employment good or service" means any item, product, good or service represented to assist consumers in obtaining employment, including but not limited to preparation or other training for any employment examination.
 
3. "Telemarketing" means any activity that involves attempts to induce consumers to purchase any item, product, good, service, investment, partnership interest, trust interest or other beneficial interest, or to enter a contest for a prize, by means of telephone sales presentations, either exclusively or in conjunction with the use of other forms of marketing. Provided, however, that the term "telemarketing" shall not include (a) transactions that are not completed until after a face-to-face contact between the seller or solicitor and the consumers solicited, and the consumer is not required to pay or authorize payment until after such a presentation; or (b) the solicitation of sales through the mailing of a catalog which contains a written description or illustration of the goods or services offered for sale; includes the business address of the seller; includes multiple pages of written material or illustrations; and has been issued not less frequently than once a year, when the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders only without further solicitation.
 
4. "Assisting others" means providing any of the following goods or services to any person or entity: (a) performing customer service functions, including but not limited to receiving or responding to consumer complaints; (b) formulating or providing, or arranging for the formulation or provision of, any telephone sales script or any other written marketing material; (c) providing names of, or assisting in the generation of, potential customers; (d) performing marketing services of any kind; or (e) acting as an officer or director of a business entity.

ORDER

I. PROHIBITED BUSINESS ACTIVITIES

IT IS THEREFORE ORDERED that, in connection with the advertising, promotion, offer for sale, or sale of any item, product, good, service, investment opportunity, business opportunity, partnership interest, trust interest or other beneficial interest, the Defendants and any entity through which they do business, and their successors, assigns, officers, agents, servants, employees, and those other persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise are hereby permanently restrained and enjoined from:

A. Misrepresenting, directly or by implication, that employment jobs, including but not limited to postal or government wildlife jobs for which little or no experience is required, are available in particular geographic areas;

B. Misrepresenting, directly or by implication, that consumers who purchase any employment good or service are likely to obtain permanent employment jobs, including but not limited to postal or government wildlife jobs for which little or no experience is required;

C. Misrepresenting, directly or by implication, the salaries for any employment job, including but not limited to postal or government wildlife jobs;

D. Misrepresenting, directly or by implication, the terms and conditions of any refund or guarantee policy;

E. Misrepresenting, directly or by implication, that consumers have purchased or agreed to purchase any item, product, good or service from any person or entity, and therefore owe money to any person or entity;

F. Charging or debiting consumers' credit cards, debit cards or checking accounts without consumers' authorization;

G. Misrepresenting, directly or by implication, that consumers can apply for employment jobs, including but not limited to postal or government wildlife jobs, by purchasing any employment good or service;

H. Misrepresenting, directly or by implication, the qualifications for any employment job, including but not limited to postal or government wildlife jobs;

I. Misrepresenting, directly or by implication, the procedures or testing requirements to apply for any employment job, including but not limited to postal or government wildlife jobs;

J. Misrepresenting, directly or by implication, any material fact regarding any item, product, good, or service, or charitable contribution solicited, sold or offered for sale;

K. Violating the Telemarketing Sales Rule ("TSR"), 16 C.F.R. Part 310, including any amendments thereto; and

L. Assisting others who violate any provision of sub-paragraphs A-K of this Paragraph I.

II. BAN ON CERTAIN ACTIVITIES

IT IS FURTHER ORDERED that the Defendants are permanently restrained and enjoined from (A) promoting, offering for sale, or selling any employment good or service, and (B) assisting others engaged in the promotion, offer for sale, or sale of any employment good or service. Nothing in this Order shall be read as an exception to this paragraph.

III. BOND REQUIREMENT

IT IS FURTHER ORDERED that the Defendants, inclusively or in any combination thereof, are hereby permanently restrained and enjoined from (A) engaging in telemarketing, and (B) assisting others engaged in telemarketing, unless they first obtain a performance bond in the principal sum of ONE HUNDRED THOUSAND DOLLARS ($100,000).

A. This bond shall be conditioned upon compliance with Section 5 of the FTC Act, 15 U.S.C.  45(a), with the TSR, 16 C.F.R. Part 310, and with the provisions of this Order. The bond shall be deemed continuous and remain in full force and effect as long as the Defendant continues to engage in conduct that requires the posting of the bond, and for at least three years after the Defendant has ceased to engage in such conduct. The bond shall cite this Order as the subject matter of the bond, and shall provide surety thereunder against financial loss resulting from whole or partial failure of performance due, in whole or in part, to any violation of Section 5 of the FTC Act, the TSR, the provisions of this Order, or to any other violation of law.

B. The performance bond required pursuant to this Paragraph III shall be an insurance agreement providing surety for financial loss issued by a surety company that is admitted to do business in each of the states in which the Defendant does business and that holds a Federal Certificate of Authority As Acceptable Surety On Federal Bond and Reinsuring. Such performance bond shall be in favor of both: (1) the Federal Trade Commission for the benefit of any consumer injured as a result of any violation of Section 5 of the FTC Act, the TSR, the provisions of this Order made by the Defendant, his or her agents, or any persons acting in concert with him or her; and (2) any consumer so injured.

C. The bond required pursuant to this Paragraph III is in addition to, and not in lieu of, any other bond required by any other federal, state, or local law, or by any other court order not entered in this action, except that, to the extent allowed by law, the bond required pursuant to this Paragraph III may satisfy any performance bond required by any other federal, state or local law where such law requires a performance bond for the amount of $100,000 or less.

D. At least ten business days before the commencement of telemarketing, or assisting others engaged in telemarketing, the Defendant shall provide the bond required by this Paragraph III to the Associate Director for Enforcement at the address specified in Paragraph XIII of this Order.

E. No Defendant shall disclose the existence of a performance bond required by this Paragraph III to any consumer without also disclosing clearly and prominently, at the same time, the following phrase: "This bond is required by order of the U.S. District Court, in the case FTC v. Federal Data Service, Inc. et al., Case No. 00-6462-CIV-Ferguson (S.D. Fla.), in settlement of allegations of false and misleading representations in the promotion and sale of employment goods and services." The disclosure shall be set forth in a clear and conspicuous manner, separated from all other text, in 100% black ink against a light background, in print at least as large as the main text of the sales material or document, and enclosed in a box containing only the required disclosure.

F. If, upon motion by the Commission, the Court finds that a Defendant or any business in which the Defendant engages or participates, has violated Section 5 of the FTC Act, the TSR, or this Order, the Commission may execute against the performance bond required by this Paragraph III. Proceedings instituted under this sub-paragraph F are in addition to, and not in lieu of, any other civil or criminal remedies as may be provided by law, including any other proceedings the Commission may initiate to enforce this Order.

IV. CONSUMER LISTS

IT IS FURTHER ORDERED that the Defendants, and their officers, agents, servants, employees, and attorneys, and all persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, are permanently restrained and enjoined from hereafter selling, renting, leasing, transferring, or otherwise disclosing the name, address, telephone number, credit card number, bank account number, e-mail address, or other identifying information of any person who paid any money to any defendant, at any time prior to entry of this Order; provided, however, that a Defendant may disclose such identifying information (i) with the express written consent of the person whose information is disclosed, (ii) to a law enforcement agency, or (iii) as required by any law, regulation, or court order.

V. MONETARY RELIEF

IT IS FURTHER ORDERED that:

A. Within ten business days of the date of entry of this Order, the Defendants shall cause the transfer of the following assets to the Commission or its designated agent:

1. Washington Mutual Bank shall transfer to the Commission or its designated agent all cash currently being held in account numbers 179-0000022156-8, in the name of ZOT, Inc. (approximately $118,000), 179-0000356046-8, in the name of Consolidated Data Services, Inc. (approximately $10,000), and 192-0000257437-1, in the name of Police Fund America, Inc. (less $8,500 which shall be transferred to Thomas Wisdom) (approximately $31,000);
 
2. Bank Atlantic shall transfer to the Commission or its designated agent all cash currently being held in account number 053744908, in the name of Stephen Tate (approximately $1,400);
 
3. Pointe Bank shall transfer to the Commission or its designated agent all cash currently being held in account number 12006289, in the name of Spencer Golden (approximately $5,700);
 
4. NationsBank shall transfer to the Commission or its designated agent all cash currently being held in account numbers 1264625937 and 1596438628, in the names of Dawn Johnson and/or Professional Alarm Services, Inc. (approximately $3,800);
 
5. Morgan Stanley Dean Witter shall liquidate all holdings in accounts 693-050993, in the name of Stephen Tate (approximately $134,000), and 693-060777, in the name of Professional Alarm Services, Inc. (approximately $36,000), and transfer the proceeds of such liquidation to the Commission or its designated agent;
 
6. J.B. Oxford & Co. shall liquidate all holdings in account 19355897, in the name of Spencer Golden (approximately $176,000), and transfer the proceeds of such liquidation to the Commission or its designated agent;
 
7. The American Funds shall liquidate all holdings in account 64502478, in the name of Dawn Johnson FBO Professional Alarm Services, Inc. (approximately $31,000), and transfer the proceeds of such liquidation to the Commission or its designated agent;
 
8. The Defendants shall transfer to the Commission or its designated agent title to, or cash in an amount equal to the appraised value of, the real property located at 300 Meridian Avenue #1 (Condo Unit 1A in Meridian Place Condo), Miami Beach, Florida (approximate value $84,000);
 
9. The Defendants shall transfer to the Commission or its designated agent title to, or cash in an amount equal to the appraised value of, the real property located at 300 Meridian Avenue #2 (Condo Unit 1B in Meridian Place Condo), Miami Beach, Florida (approximate value $76,000);
 
10. The Defendants shall transfer to the Commission or its designated agent cash in an amount equal to the equity value of the real property located at the Palms, Fort Lauderdale, Florida (approximate value $92,000);
 
11. Defendant Stephen Tate shall turn over to the Commission or its designated agent the Rolex watch identified on his financial statement as having a value of approximately $10,000.
 
12. The Defendants shall transfer to the Commission or its designated agent cash in an amount equal to 60% of the current value of Morgan Stanley Dean Witter account 693-061671 (approximately $3,000) and Fidelity Investments account 0403564008 (approximately $16,500). The Defendants shall transfer to the law firm of Greenberg Traurig P.A. an amount equal to (i) the remaining 40% of the Morgan Stanley Dean Witter and Fidelity Investments accounts (approximately $13,000) and (ii) the cash value of the Bank of America certificate of deposit, owned by or for the benefit of Dawn Johnson (approximately $2,500), as compensation for the legal services rendered by Greenberg Traurig in this action.

B. The funds received by the Commission pursuant to this Paragraph V shall be deposited into an account to be maintained by the Commission or its agent. Upon the final disposition of this action, such funds shall be either (1) distributed as redress to consumers, or (2) paid to the U.S. Treasury as equitable disgorgement (if such distribution is deemed impractical). If the Commission in its sole discretion determines that redress is practical, it shall submit a plan for the disbursement of funds to the Court for review and approval;

C. Defendants Stephen Tate, Spencer Golden, and Dawn Johnson are hereby required, in accordance with 31 U.S.C.  7701, to furnish to the Commission their social security number, which shall be used for purposes of collecting and reporting on any delinquent amount arising out of this Order; and

D. The Defendants further agree that the facts as alleged in the Amended Complaint shall be taken as true in the event of any subsequent litigation to collect amounts due pursuant to this Order, including but not limited to a nondischargeability complaint in any bankruptcy proceeding.

E. The judgment entered pursuant to this Paragraph V is equitable monetary relief, solely remedial in nature, and not a fine, penalty, punitive assessment or forfeiture.

VI. ASSET FREEZE

IT IS FURTHER ORDERED that, upon entry of this Order and the transfer of all assets as required by Paragraph V, the freeze of the Defendants' assets shall be dissolved.

VII. RIGHT TO REOPEN

IT IS FURTHER ORDERED that, within five business days after entry of this Order, the Defendants shall each submit to the Commission a truthful sworn statement, in the form shown on Appendix A, that shall acknowledge receipt of this Order and shall reaffirm and attest to the truth, accuracy and completeness of the financial statements previously submitted to the Commission. The Commission's agreement to this Order is expressly premised on the truthfulness, accuracy and completeness of such financial statements. If, upon motion by the Commission (with a copy to the Defendants' counsel of record), the Court finds that any such financial statements contain any material misrepresentation or omission, the Court shall enter judgment against the respective Defendant, in favor of the Commission, in the amount of $5,000,000 (less the amount previously turned over to the Commission pursuant to Paragraph V); provided, however, that in all other respect this Order shall remain in full force and effect unless otherwise ordered by the Court; and, provided further, that proceedings instituted under this provision would be in addition to, and not in lieu of, any other civil or criminal remedies as may be provided by law, including any other proceedings that the Commission may initiate to enforce this Order. For purposes of this Paragraph VII, the Defendants waive any right to contest any of the allegations in the Amended Complaint.

VIII. COOPERATION WITH COMMISSION COUNSEL

IT IS FURTHER ORDERED that the Defendants shall, in connection with this action or any subsequent investigations related to or associated with the transactions or the occurrences that are the subject of the Commission's Amended Complaint, cooperate in good faith with the Commission and appear at such places and times as the Commission shall reasonably request, after written notice to such defendant and his or her counsel of record, for interviews, conferences, pretrial discovery, review of documents, and for such other matters as may be reasonably requested by the Commission. If requested in writing by the Commission, the Defendants shall appear and provide truthful testimony in any trial, deposition, or other proceeding related to or associated with the transactions or the occurrences that are the subject of the Amended Complaint, without the service of a subpoena.

IX. RECORD KEEPING PROVISIONS

IT IS FURTHER ORDERED that, for a period of five years from the date of entry of this Order, each Defendant, in connection with any business where (i) that defendant is an officer, director, manager, partner or majority owner, and (ii) the business engages, or assists others engaged in, telemarketing, is hereby restrained and enjoined from:

A. Failing to have such business create, and from failing to have such business retain for a period of three years following the date of such creation, unless otherwise specified:

1. Books, records and accounts that, in reasonable detail, accurately and fairly reflect the cost of goods or services sold, revenues generated, and the disbursement of such revenues;
 
2. Records accurately reflecting: the name, address, and telephone number of each person employed in any capacity by such business, including as an independent contractor; that person's job title or position; the date upon which the person commenced work; and the date and reason for the person's termination, if applicable; provided that the business subject to this sub-paragraph shall retain such records for a period of two years following the date of each such person's termination;
 
3. Records containing the names, addresses, phone numbers, dollar amounts paid, quantity of items or services purchased, and description of items or services purchased, for all consumers to whom such business has sold, invoiced or shipped any goods or services,
 
4. Records that reflect, for every consumer complaint or refund request received directly or indirectly or through any third party: (1) the consumer's name, address, telephone number and the dollar amount paid by the consumer; (2) the written complaint or refund request, if any, and the date of the complaint or refund request; (3) the basis of the complaint, including the name of any salesperson complained against, and the nature and result of any investigation conducted concerning any complaint; (4) each response and the date of the response; (5) any final resolution and the date of the resolution; and (6) in the event of a denial of a refund request, the reason for the denial; and
 
5. Copies of all sales scripts, training materials, advertisements, or other marketing materials utilized; provided that copies of all sales scripts, training materials, advertisements, or other marketing materials utilized shall be retained for three years after the last date of dissemination of any such materials.

B. Destroying, discarding, mutilating, changing, concealing, altering, transferring, or otherwise disposing of, in any manner, directly or indirectly, any books, records, tapes, discs, accounting data, checks (fronts and backs), correspondence, forms, advertisements, brochures, manuals, electronically stored data, banking records, consumer lists, files, invoices, telephone records, ledgers, payroll records, or other business or financial document of any kind, including information stored in computer-maintained form, in the possession, custody, or control of the Defendant.

X. ACCESS TO BUSINESS PREMISES

IT IS FURTHER ORDERED that, for a period of five years from the date of entry of this Order, for the purpose of further determining compliance with this Order, each Defendant shall permit representatives of the Commission, within fifteen business days of receipt of written notice from the Commission (with a copy to the Defendant's counsel of record):

A. Access during normal business hours to any office, or facility storing documents, of any business where that defendant is an officer, director, manager, partner or majority owner. In providing such access, the Defendants shall permit representatives of the Commission to inspect and copy all documents relevant to any matter contained in this Order; and shall permit Commission representatives to remove documents relevant to any matter contained in this Order for a period not to exceed five business days so that the documents may be inspected, inventoried, and copied. Each Defendant may have counsel present during such access. Provided that, upon application of the Commission and for good cause shown, the Court may enter an ex parte order granting immediate access to any such business premise for the purpose of inspecting and copying all documents relevant to any matter contained in this Order.

B. To interview the officers, directors, and employees, including all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, whether designated as employees, consultants, independent contractors or otherwise, of any business to which sub-paragraph A of this Paragraph X applies, concerning matters relating to compliance with the terms of this Order. The person interviewed may have counsel present.

XI. AUTHORITY TO MONITOR COMPLIANCE

IT IS FURTHER STIPULATED AND ORDERED that the Commission is authorized to monitor the Defendants' compliance with this Order by all lawful means, including but not limited to the following means:

A. The Commission is authorized, without further leave of Court, to obtain discovery from any person in the manner provided by Chapter V of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 26 - 37, including the use of compulsory process pursuant to Fed. R. Civ. P. 45, for the purpose of monitoring the Defendants' compliance with any provision of this Order;

B. The Commission is authorized to use representatives posing as consumers and suppliers to the Defendants, their employees, or any other entity managed or controlled in whole or in part by any Defendant, without the necessity of identification or prior notice; and

C. Nothing in this Order shall limit the Commission's lawful use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C.  49, 57b-1, to investigate whether any Defendant has violated any provision of this Order, Section 5 of the FTC Act, 15 U.S.C.  45, or the TSR, 16 C.F.R. Part 310.

XII. SERVICE OF ORDER BY DEFENDANT

IT IS FURTHER ORDERED that, for a period of five years from the date of entry of this Order, defendants Stephen Tate, Spencer Golden, and Dawn Johnson shall each:

A. Provide a copy of this Order to, and obtain a signed and dated acknowledgment of receipt of same from, each officer or director, each individual serving in a management capacity, all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, whether designated as employees, consultants, independent contractors or otherwise, immediately upon employing or retaining any such persons, for any business where (i) he or she is an officer, director, manager, partner or majority owner, and (ii) the business engages in, or assists others engaged in, telemarketing; and

B. Maintain for a period of three years after creation, and upon reasonable notice, make available to representatives of the Commission, the original signed and dated acknowledgments of the receipt of copies of this Order, as required in the sub-paragraph A of this Paragraph XII.

XIII. REPORTS BY DEFENDANT

IT IS FURTHER ORDERED that, in order that compliance with the provisions of this Order may be monitored:

A. For a period of five years from the date of entry of this Order, defendants Stephen Tate, Spencer Golden, and Dawn Johnson shall each notify the Commission of the following: (1) any changes in his or her business address, residential address or telephone number, within fifteen calendar days of the date of such change; and (2) any changes in his or her employment status (including self-employment) within fifteen calendar days of such change. Such notice shall include the name and address of each business that the Defendant is employed by, a statement of the nature of the business, and a statement of the Defendant's duties and responsibilities in connection with the business or employment;

B. One hundred eighty (180) calendar days after the date of entry of this Order, defendants Stephen Tate, Spencer Golden, and Dawn Johnson shall each submit a written report to the Commission, sworn under penalty of perjury, detailing his or her past and present efforts to comply with this Order. This report shall include but not be limited to:

1. The Defendant's then current residence and telephone number;
 
2. The Defendant's then current employment, business address and telephone numbers, a description of the business activities of such employer, and the Defendant's title and responsibilities for such employer;
 
3. A copy of each acknowledgment of receipt of this Order obtained pursuant to Paragraph XII of this Order; and
 
4. A statement describing the manner in which the Defendant has complied and is complying with this Order;

C. For a period of five years from the date of entry of this Order, upon written request by a representative of the Commission, defendants Stephen Tate, Spencer Golden, and Dawn Johnson shall each submit written reports (under oath, if requested) and produce documents on fifteen calendar days' notice with respect to any conduct subject to this Order;

D. For the purposes of this Order, defendants Stephen Tate, Spencer Golden, and Dawn Johnson shall each, unless otherwise directed by the Commission's representatives, address all written communications to the Commission to:

Associate Director for Enforcement
Federal Trade Commission
600 Pennsylvania Ave., N.W., Room S-4302
Washington, DC 20580
Re: FTC v. Federal Data Service, Matter No. X000064

E. For the purposes of this Paragraph XIII, "employment" includes the performance of services as an employee, consultant, independent contractor, or officer or director; and

F. For purposes of the compliance reporting required by this Paragraph XIII, the Commission is authorized to communicate directly with any Defendant.

XIV. CONTINUATION OF RECEIVERSHIP

IT IS FURTHER ORDERED that Gerald Wald, Esq. shall continue as a permanent receiver over the receivership defendant with full powers of a permanent receiver, including but not limited to those powers set forth in the Temporary Restraining Order issued in this matter (as modified by the Second Stipulation Modifying Temporary Restraining Order), and including full liquidation powers. The Receiver is directed to wind up the receivership defendant and liquidate all assets of the receivership estate. Payment of all approved fees and expenses incurred by the Receiver in connection with the receivership shall be made from the assets of the receivership estate; in no event shall the Commission be responsible for the payment of any portion of the Receiver's fees or expenses. The receivership shall terminate upon (1) submission by the Receiver of his final report, (2) payment to the Receiver of his final bill for services rendered in connection with this action, and (3) turnover by the Receiver to the Commission of any remaining receivership assets.

XV. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED that this Court shall retain jurisdiction over this matter for purposes of the construction, modification and enforcement of this Order.

XVI. ENTRY OF THIS FINAL JUDGMENT

IT IS FURTHER ORDERED, pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason for delay and the Clerk of Court immediately shall enter this Order as a final judgment as to defendants Federal Data Service, Inc., Stephen G. Tate, Spencer P. Golden, and Dawn R. Johnson.

SO STIPULATED:

______________________________ Dated:__________
GREGORY A. ASHE
SARAH L. KNAPP
Federal Trade Commission

______________________________ Dated:__________
STEPHEN G. TATE, Defendant
individually and on behalf of ZOT, Inc.

______________________________ Dated:__________
SPENCER P. GOLDEN, Defendant
individually and on behalf of Consolidated Data Services, Inc.

______________________________ Dated:__________
DAWN R. JOHNSON, Defendant
individually and on behalf of Professional Alarm Services, Inc.

______________________________ Dated:__________
FEDERAL DATA SERVICE, INC., Defendant
By: GERALD WALD, Receiver for Federal Data Service, Inc.

______________________________ Dated:__________
SUSAN TARBE
Greenberg Traurig, P.A.
Attorney for Defendants Spencer Golden, Stephen Tate and Dawn Johnson

IT IS SO ORDERED this ______ day of ______________, 2000 at _____________

________________________________
Wilkie D. Ferguson, Jr.
United States District Judge

ATTACHMENT A

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION

Case No. 00-6462-CIV-Ferguson

FEDERAL TRADE COMMISSION, Plaintiff,

v.

FEDERAL DATA SERVICE, INC., et al., Defendants.

AFFIDAVIT OF [DEFENDANT]

[Defendant], being duly sworn, hereby states and affirms as follows:

1. My name is [Defendant]. I am a defendant in the above-captioned civil action. I am a citizen of the United States and am over the age of eighteen. I have personal knowledge of the facts set forth in this Affidavit.
 
2. My current business address is ________________________. My current business telephone number is ________________. My current residential address is ________________. My current residential telephone number is _____________.
 
3. On [date], I received a copy of the Stipulated Final Order for Permanent Injunction and Settlement of Claims for Monetary Relief, which was signed by the Honorable Wilkie D. Ferguson, Jr. and entered by the Court on [date of entry of Order]. A true and correct copy of the Order that I received is appended to this Affidavit.
 
4. I reaffirm and attest to the truthfulness, accuracy and completeness of the financial statement that I submitted to the Federal Trade Commission on or about __________.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on [date], at [city and state].

___________________________________
[Defendant]

State of ____________________, City of ____________________

Subscribed and sworn to before me

this _____ day of _________, 2000.

_____________________________

Notary Public

My Commission Expires:

_____________________________