UNITED STATES DISTRICT COURT
FEDERAL TRADE COMMISSION,
RAYMOND URSO, et al.
Case No. 97-2680
Stipulated Final Judgment and Order for Permanent Injunction
On August 19, 1997, plaintiff, the Federal Trade Commission ("FTC" or "Commission"), filed its complaint for a permanent injunction and other relief in this matter, pursuant to Sections 13(b) and 19(a) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b(a), charging David Bennett with violations of (1) Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and (2) the FTCs Trade Regulation Rule entitled "Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures" ("Franchise Rule"), 16 C.F.R. Part 436. On September 15, 1997, this Court entered a stipulated preliminary injunction as to the Defendant Bennett.
The Commission, by and through its counsel, and the Defendant Bennett, by and through his counsel, have agreed and stipulated to the entry of this Stipulated Final Judgment and Order for Permanent Injunction ("Final Order") by this Court. Therefore, the Defendant and the Commission having requested the Court to enter this Order, the Court makes the following findings of fact and orders the following:
For purposes of this Final Order, the following definitions shall apply:
IT IS THEREFORE ORDERED that the Stipulating Defendant, his successors, assigns, officers, agents, employees, and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, are hereby restrained and enjoined from misrepresenting, either orally or in writing, expressly or by implication, the following:
IT IS FURTHER ORDERED that the Court's approval of the Final Order is expressly premised upon the truthfulness, accuracy, and completeness of the financial
statements which have been submitted to the Commission by the Stipulating Defendant. If, upon motion by the Commission, this Court finds that the Stipulating Defendants financial statements either failed to disclose any material asset or source of income or materially misrepresented the value of any asset or source of income, or contained any other material misrepresentation or omission, the Commission may request that this Final Order be reopened for the purpose of requiring restitution or additional relief from the Stipulating Defendant.
Provided, however, that in all other respects this Final Order shall remain in full force and effect unless otherwise ordered by this Court; and provided further, that proceedings instituted under this Paragraph 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 and/or the receiver may initiate to enforce this Final Order. Solely for the purposes of reopening or enforcing this Final Order under this Paragraph, the Stipulating Defendant waives any right to contest any of the allegations in the Complaint filed in this matter.
IT IS FURTHER ORDERED that each party to this Final Order shall bear its own costs and attorney fees incurred in connection with this action.
IT IS FURTHER ORDERED that, within five (5) business days after receipt by the Stipulating Defendant of this Final Order as entered by the Court, Stipulating Defendant David Bennett shall submit to the Commission a truthful sworn statement that shall acknowledge receipt of this Final Order.
IT IS FURTHER ORDERED that, in order to facilitate the Commission's monitoring of compliance with the provisions of this Final Order, Stipulating Defendant David Bennett shall, for three (3) years after the date of entry of this Final Order, notify the Commission in writing within thirty days of any change in his residential address, such notification to be provided to the following address:
IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for the purpose of enabling any of the parties to this Final Order to apply to the Court at any time for such further orders or directives as may be necessary or appropriate for the interpretation or modification of this Final Order, for the enforcement of compliance therewith or the punishment of violations thereof.
SO ORDERED, this _____day of _________, 1998, at __________.m.
REVIEWED, STIPULATED AND AGREED TO BY: