CAUSE NO. 10-06364-1 FHI FINANCIAL SERVICES, INC., IN THE DISTRICT COURT OF Plaintiff, v. FINANCIAL PLANNING COUNSELORS PA Gea eae OF AMERICA, INC and ALEXANDER T. FENDER, JR., 162ND JUDICIAL DISTRICT Defendants. ALEXANDER T. FENDER, JR., Counter and Third-Party Plaintiff, v FHI FINANCIAL SERVICES, INC., AMERICAN CAPITAL SETTLEMENT, LLC, JACOB HUNT, DANIEL VEIMAN, MARSHAL MILLER, VRH SALES, LLC AND BA&L GROUP, INC. Counter and Third-Party Defendants, AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Comes Now all parties to this lawsuit, including FH Financial Services, Inc. (“FHI”); ‘American Capital Settlement, LLC (“ACS”); Jacob Hunt (“Hunt”); Daniel Vejman (“Vejman”); ‘Marshall Miller (“Miller”); VRH Sales, LLC (“VRH"); BA&L Group, Inc. ("BAL"); Alexander T. Fender, Jr. (“Fender”); and Financial Planning Counselors of America, Inc. (“FPCA"); each of ‘whom come by and through their counsel, and inform the Court as follows: ‘(AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Page 1 of 10[All parties have agreed to and directed their counsel to consent to the issuance of this “Agreed Final Judgment and Permanent Injunction, Fender and FPCA waive any requirement that any type of bond be posted by any party, and Fender and FPCA waive any other requirement that may exist (whether set forth in the ‘Texas Practices and Remedies Code, the Texas Rules of Civil Procedure or pursuant to any other legal authority) for issuance of a permanent injunction. All patties acknowledge and agree, and the Court hereby finds, that ithas jurisdiction over all parties and the subject matter of all claims asserted in this lawsuit, and that venue is proper in this Court. All parties acknowledge and agree, and the Court hereby finds, that FH1, Hunt, and ‘Vejman will suffer imeparable harm if the permanent injunction included in this Agreed Final ‘Judgment and Permanent Injunction is not entered; that a permanent injunction is warranted in this case, and each of the specific terms within this Agreed Final Judgment and Permanent Injunction is warranted. ‘All parties further agree to, and the Court hereby FINDS, ORDERS and DECREES each of the following matters as set forth below. L T FIND ‘The Court conducted an evidentiary hearing in this case that lasted over portions of multiple days. ‘The Court has found: 1) that Fender published false and defamatory statements ‘about FHI, Hunt and Vejmen, and 2) that Fender committed certain unlawful acts complained of in Plaintiff's Application for Temporary Restraining Order and Temporary Injunction filed in this lawsuit that are in violation of the rights of FHI, Hunt and Vejman, and that support the Permanent Injunction set forth herein. In addition, the Court makes the following findings and the parties agree: ‘AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Page FoFTOA. Defendant Fender published the following statements concerning FH, Hunt and Vejman that are false and defamatory: 1. FHI has “several pending lawsuits”; 2. FHI “is a known debt scheme”; 3. FHI is conducting “deceptive advertising”; 4. FELL is committing “consumer fraud”; 5. Jacob Hunt, as president of FHL, is committing “corporate theft”; 6. Jacob Hunt “breached fidueiary duty [sic] to FH Financial and Investors”; 7. Jacob Hunt, as president of FHI, has “engaged in fraud and deception”; 8. Jacob Hunt, as president of FHI, “stole at least $245,000 documented”; 9. Jacob Hunt is the “ring leader of fraud scheme”; 10. “Inaddition to FH Financial, Jacob Hunt has set up 3 other companies to [sic] as part of his fraudulent transactions”; 11. VRH Sales, LLC is a company set up by Jacob Hunt “as part of his fraudulent transactions”; 12, BA&L Group is a company set up by Jacob Hunt “as part of his fraudulent transactions”; 13. JHUNT LLC is a company set up by Jacob Hunt “as part of his fraudulent transactions”; 14. VRH Sales, LLC, a company in which Jacob Hunt owned an interest, stole thousands”; 15, BA&L Group, a company in which Jacob Hunt owned an interest, participated in “illegial [sic] asset transfer to cheat legitimate investors of the assets, hide and illegiall [sic] transfered [sic] assets from Vejman and FH Financial”; 16, JHunt LLC is a “new front company... used to further this scam”; 17, “through . .. dealings with FHI,” Daniel Vejman and Jacob Hunt worked together “to steal at least $245,000 from Inverstor [sic]/Partner Alex Fender”; ‘NGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Ee Page 3 of 1018, 19, 20. 2. 24, 25. 26. 21. 28. 29. 30. 31. 32. 33. 34, 35. Jacob Hunt “fraudulently setup FHL against the incorporating documents and has since created 2 shell companies, BA&L Group and JHunt LLC. He is using these companies along with VRH Sales and FH Financial Service to hide assets and prevent detection”; VRH Sales was created to steal the profits out of FH Financial. Jacob Hunt is working with Daniel Vejman to run FH] as “a debt scheme defrauding American Consumers”; FHI “is facing countless lawsuits for this fraudulent debt scheme”; “Daniel Vejman and accomplice Jacob Hunt have ripped of investor Alex Fender to the sum of $245,000 as of 2010.” Daniel Vejman was “investigated by Texas State Securities Board Daniel Vejman is the “man in charge of scam”; Daniel Vejman is “one of the ring leaders of an orchestrated debt scheme”; Daniel Vejman “runs this scam in a small office using there [sic] website, telemarketing, and cold-calling people as part ofthis scheme”; “Through VRH, Veiman ripped off investors stealing several hundreds of thousands of dollars”; “Through Vejmans (sic] dealings with FH1 Financial, he worked with Jacob Hunt to steal at least $245,000 from Investor/Partner Alex Fender”; FHL is “one of Vejman’s companies”; Daniel Vejman defrauded investors of a company called Aspen Exploration; Daniel Vejman was “investigated by [the] State of llinois Secretary of State Department of Securities being apart [sic] of another Investment Fraud Case”; Daniel Vejman owes Alex Fender $245,000; “for at least the [sic] 4 years [Daniel Vejman] left a trail of lies and fraudulent investments that continue to rip investors off"; Daniel Vejman has “now been connected with two other schemes to defraud investors”; “{t)his is at least the 4th scheme that Veiman is associated with”; and ‘AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Page FoETO36. “Daniel Vejman “defrauded investors across the United States” ina “multi-million dollar scheme” involving an oil and gas firm. Defendant Fender published photographs of Hunt and Vejman without the consent of FHI, Hunt or Vejman. Such photographs are framed with statements alleging participation in fraud, and such alleged participation has been found to be false. ‘The Court further finds that there was no breach of a Joan agreement or promissory note by FHL, ACS, Hunt, Vejman, Miller, VRE and/or BAL to Fender, and that FH1, ACS, Hunt, Vejman, Miller, VRH and/or BA&L are not in default of a loan agreement or promissory note to Fender. ‘Defendant Fender represents and affirms that he does not contest such findings as set forth in this Agreed Final Judgment and Permanent Injunction, and he will not appeal such findings. IL NT. ICTION ‘THEREFORE, in view of the above findings of this Court, and the agreement of all parties in this case to the terms of this Agreed Final Judgment and Permanent Injunction, including but not limited to the agreements of Fender and FPCA, it is ORDERED, ADJUDGED and DECREED that: A sibited Fi -ublished Stat and Ot} yhibited . 1. Defendant Fender, and Defendant Fender's officers, agents, servants, employees, and attorneys, and all persons engaged in active concert or participation with Defendant Fender who receive actual notice of this order shall be and hereby are restrained and enjoined fro ‘AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Page 5 of 10Publishing and/or communicating any statement about FEL, Hunt and/or ‘Vejman that is identical to or substantially similar to any statement described in any portion of Section ILA. through B. in this Agreed Final Judgment and Permanent Injunction or that conflicts with the findings ineluded in Section LC. in this Agreed Final Judgment and Permanent Injunction; Publishing and/or communicating any statement about FH, Hunt and/or Vejman, that accuses, either expressly or by implication, FH1, Hunt and/or Vejman of any type of dealings involving fraud, impropriety, unethical conduct, and/or illegal conduct arising out of prior acts; and Publishing and/or communicating photographs of FHI, Hunt and/or ‘Vejman without their express, written consent. 2, A statement or photograph that falls within any description or any category of statements or photographs described in Section ILA.L.a. through c. is referred to in this ‘Agreed Final Judgment and Permanent Injunction as “Probibited Statements.” Ri ‘Res . Ripoff Report #601789 a. Report #601789 on “Ripoff Report,” which also has been given the caption “Daniel Veiman Public Notice — Default of Promissory Note ~ Daniel Vejman Carrollton, Texas,” and all of Defendant Fender’s prior “updates” to Report #601789 (ie,, those made before the entry of the “Required Retraction Paragraph”) are referred to, collectively, as “Fender’s Prior Ripoff Report Postings.” ‘AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Page 6 of 10b. Fender shall (and Fender acknowledges and agrees to) within 2 days of the entry of this Agreed Final Judgment and Permanent Injunction, post the following new “update” to Report #601789 (which is referred to herein as the “Required Retraction Paragraph”): My name is Alex Fender, and I retract my statements made in this string of reports and updates concerning FHI, Jacob ‘Hunt and Daniel Vejman. My statements have been found to be false and defamatory by a Court of Law, and I do not, contest and will not appeal the Court’s findings. I should not have posted such statements, and I apologize for posting such statements. c. Defendant Fender shall (and Fender acknowledges and agrees to) within 5 days of the entry of this Agreed Final Judgment and Permanent Injunction, undertake haye to Fender’s Prior Ripoff Report Postings removed and deleted from publication by making a written request to Ripoff Report acknowledging the false and defametory nature of Fender's statements, regarding the parties. d. With respect to any method, procedure or course of action used by Fender to accomplish the removal of Fender’s Prior Ripoff Report Postings from the intemet, Fender shall not under any circumstances make any representations, whether express or by implication, that Fender’s Prior Ripoff Report Postings have merit or any degree of truth. 2. Photographs Fender shall (and Fender acknowledges and agrees to) include in his written request to Ripoff Report a demand that any photographs posted in connection ‘AGREED FINAL IUDGMENT AND PERMANENT INJONCTION ~~" Page 7 of 10with Ripoff Report #601789 or any “update” to Ripoff Report #601789 be deleted and removed from publication. uL ADDITIONAL PROVISIONS APPLICABLE TO THIS AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION A Materiality of Each Provision Each party acknowledges and agrees that each provision in this Agreed Fine! Judgment and Permanent Injunction is material and important to each of the parties. Fender further acknowledges and agrees that any failure by Fender to strictly follow any term of any provision in this Agreed Final Judgment and Permanent Injunction will constitute a violation and material breach of this Agreed Final Judgment and Permanent Injunction. B. Time is of the Essence Defendant Fender acknowledges and agrees that time is of the essence with respect to each act and obligation imposed on Fender pursuant to the terms of this Agreed Final Judgment and Permanent Injunction, and Fender shall act with extreme diligence with respect to fulfilling the duties imposed in him pursuant to this Agreed Final Judgment and Permanent Injunction. C. Return of Amount Paid ay Cash in Lieu of Bond for Temporary Restraining Order and ‘Temporary Injunction ‘The cash in lieu of bond in the amount of $1,000.00 (one thousand dollars) that was filed with the Clerk upon issuance of the Temporary Restraining Order entered in this case and that wes continued as the bond or cash in lieu of bond for the Temporary Injunction entered in this case shall be returned in full to Plaintiff FH1. ‘GREED FINAL JUDGMENT AND PERMANENT INJUNCTION Page 8 of 10D. Retained Jurisdiction, Additic Remedies ymissal of Claims ‘The parties further agree, and the Court hereby FINDS, ORDERS and DECREES that: 1. the Court shall retain jurisdiction of this matter for purposes of enforcing the terms of this Agroed Final Judgment and Permanent Injunction; 2. Fender releases and waives all claims he has or may have arising out of or in any way related to FHI Financial Services, Inc.; the Partnership Agreement of FH Financial Services, Ine, (and any entity allegedly created pursuant to such document); American Capital Settlement, LLC; BA&L Group, Inc.; and VRH Seles, LLC; and 3. Except for the terms within this Agreed Final Judgment and Permanent Injunction and the Court's retention of jurisdiction of this matter as set forth above, all other claims brought by any party in this lawsuit are hereby dismissed with prejudice, costs, are taxed against the party incurring same, and this isa full and final judgment. Dated this__|\_day of 22< & + 2013. ORIGIN AT or ance JUDGE PRESIDING VY SUPT ‘(AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Page 9 of 10AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION IS AGREED AS TO FORM AND SUBSTANCE, AND ENTRY REQUESTED BY THE FOLLOWING COUNSEL ON BEHALF OF AND WITH FULL AUTHORITY FROM THEIR RESPECTIVE CLIENTS: Ki EB Kevin B. Brown a State Bar No. 00785725 THOMPSON, COE, COUSINS & IRONS, LLP. TOON. Pearl St., 25" Floor Dalles, Texas 75201 Telephone: (214) 871-8200 Telecopy: (214) 871-8209 ‘Attomeys for American Capital Settlement, LLC; Jacob Hunt; Daniel Vejman; Marshall Miller; ‘VRH Sales, LLC; and BA&L Group, Inc. RH lwhon Pedigo State Bar No. 15716500 MILLER KEFFER & PEDIGO, PLLC 8401 N, Central Expressway, Ste. 630 Dallas, Texas 75225 Telephone: (214) 696-2050 Telecopy: (214) 696-2482 ‘Attomeys for Alexander T. Fender Jr. and Financial Planning Counselors of America, Ino. AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Page 10 of 10