Case 2:08-cv-00437-LRH -RJJ Document 183

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JOHN M. McCOY III, Cal. Bar No. 166244 E-mail: mccoyj@sec.gov KAREN MATTESON, Cal. Bar No. 102103 E-mail: mattesonk@sec.gov MOLLY M. WHITE, Cal. Bar No. 171448 E-mail: whitem@sec.gov Attorneys for Plaintiff Securities and Exchange Commission Rosalind R. Tyson, Regional Director 5670 Wilshire Boulevard, 11th Floor Los Angeles, California 90036-3648 Telephone: (323) 965-3998 Facsimile: (323) 965-3908 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. CMKM DIAMONDS, INC., URBAN CASAVANT, JOHN EDWARDS, GINGER GUTIERREZ, JAMES KINNEY, ANTHONY TOMASSO, KATHLEEN TOMASSO, 1ST GLOBAL STOCK TRANSFER LLC, HELEN BAGLEY, NEVWEST SECURITIES CORPORATION, DARYL ANDERSON, SERGEY RUMYANTSEV, ANTHONY SANTOS, and BRIAN DVORAK, Defendants. Case No. 2:08-cv-00437-LRH-RJJ

[PROPOSED] FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANTS 1st GLOBAL STOCK TRANSFER, LLC, HELEN BAGLEY, SERGEY RUMYANTSEV AND BRIAN DVORAK

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (c) (b) By Order issued July 25, 2011 (Docket No. 181), the Court granted the Motion by Plaintiff Securities and Exchange Commission for Summary Judgment Against Defendants 1st Global Stock Transfer, LLC, Helen Bagley, Sergey Rumyantsev and Brian Dvorak. Accordingly: I. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants 1st Global Stock Transfer, LLC, Helen Bagley, Sergey Rumyantsev and Brian Dvorak and Defendants agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 5 of the Securities Act, 15 U.S.C. 77e, by, directly or indirectly, in the absence of any applicable exemption: (a) Unless a registration statement is in effect as to a security, making use of any means or instruments of transportation or communication in interstate commerce or of the mails to sell such security through the use or medium of any prospectus or otherwise; Unless a registration statement is in effect as to a security, carrying or causing to be carried through the mails or in interstate commerce, by any means or instruments of transportation, any such security for the purpose of sale or for delivery after sale; or Making use of any means or instruments of transportation or communication in interstate commerce or of the mails to offer to sell or offer to buy through the use or medium of any prospectus or otherwise any security, unless a registration statement has been filed with the Commission as to such security, or while the registration statement is the subject of a refusal order or stop order or (prior to the
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effective date of the registration statement) any public proceeding or examination under Section 8 of the Securities Act, 15 U.S.C. 77h. II. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendants 1st Global Stock Transfer, LLC, Helen Bagley, Sergey Rumyantsev and Brian Dvorak are liable for disgorgement representing profits gained as a result of their violations, together with prejudgment interest thereon. The defendants are liable for the following amounts: a. Dvorak shall pay disgorgement of $318,843 and prejudgment interest thereon of $90,795.31, for a total of $409,638.11 in disgorgement and prejudgment interest; b. Bagley and 1st Global shall, jointly and severally, pay disgorgement of $302,500 and prejudgment interest thereon of $145,547.87, for a total of $448,047.87 in disgorgement and prejudgment interest; and c. Rumyantsev shall pay disgorgement of $34,552.28 and prejudgment interest thereon of $13,702.35, for a total of $48,254.63 in disgorgement and prejudgment interest. Defendants shall satisfy their obligations by paying the above amounts within 14 days after entry of this Final Judgment to the Clerk of this Court, together with a cover letter identifying the Defendant as a defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment. Defendants shall simultaneously transmit photocopies of such payments and letters to the Commissions counsel in this action. By making these payments, Defendants
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relinquish all legal and equitable right, title, and interest in such funds, and no part of the funds shall be returned to the Defendants. The Clerk shall deposit the funds into an interest bearing account with the Court Registry Investment System (CRIS) or any other type of interest bearing account that is utilized by the Court. These funds, together with any interest and income earned thereon (collectively, the Fund), shall be held in the interest bearing account until further order of the Court. In accordance with 28 U.S.C. 1914 and the guidelines set by the Director of the Administrative Office of the United States Courts, the Clerk is directed, without further order of this Court, to deduct from the income earned on the money in the Fund a fee equal to ten percent of the income earned on the Fund. Such fee shall not exceed that authorized by the Judicial Conference of the United States. The Commission may propose a plan to distribute the Fund subject to the Courts approval. Defendants shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. 1961. III. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendants Helen Bagley, Sergey Rumyantsev and Brian Dvorak are permanently barred from participating in an offering of penny stock, including engaging in activities with a broker, dealer, or issuer for purposes of issuing, trading, or inducing or attempting to induce the purchase or sale of any penny stock. A penny stock is any equity security that has a price of less than five dollars, except as provided in Rule 3a51-1 under the Exchange Act, 17 C.F.R. 240.3a51-1. IV. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated:

V. There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. __________________________________ HONORABLE LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 [ ] [X] [X] [ ] [ ] [ ] [X]

PROOF OF SERVICE I am over the age of 18 years and not a party to this action. My business address is: U.S. SECURITIES AND EXCHANGE COMMISSION, 5670 Wilshire Boulevard, 11th Floor, Los Angeles, California 90036-3648 Telephone No. (323) 965-3998; Facsimile No. (323) 965-3908.

On July 27, 2011, I caused to be served the document entitled [REVISED PROPOSED] FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANTS GLOBAL STOCK TRANSFER, LLC, HELEN BAGLEY, SERGEY RUMYANTSEV AND BRIAN DVORAK on all the parties to this action addressed as stated on the attached service list: [X] OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and mailing following ordinary business practices. I am readily familiar with this agencys practice for collection and processing of correspondence for mailing; such correspondence would be deposited with the U.S. Postal Service on the same day in the ordinary course of business. [ ] PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s), which I personally deposited with the U.S. Postal Service. Each such envelope was deposited with the U.S. Postal Service at Los Angeles, California, with first class postage thereon fully prepaid. EXPRESS U.S. MAIL: Each such envelope was deposited in a facility regularly maintained at the U.S. Postal Service for receipt of Express Mail at Los Angeles, California, with Express Mail postage paid.

HAND DELIVERY: I caused to be hand delivered each such envelope to the office of the addressee as stated on the attached service list. UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated by United Parcel Service (UPS) with delivery fees paid or provided for, which I deposited in a facility regularly maintained by UPS or delivered to a UPS courier, at Los Angeles, California. ELECTRONIC MAIL: By transmitting the document by electronic mail to the electronic mail address as stated on the attached service list. E-FILING: By causing the document to be electronically filed via the Courts CM/ECF system, which effects electronic service on counsel who are registered with the CM/ECF system. FAX: By transmitting the document by facsimile transmission. The transmission was reported as complete and without error. I declare under penalty of perjury that the foregoing is true and correct.

Date: July 27, 2011

/s/ Karen Matteson Karen Matteson

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SEC v. CMKM DIAMONDS, INC., et al. United States District Court - District of Nevada Case No. 2:08-CV-00437-LRH-RJJ (LA-3028) SERVICE LIST Irving M. Einhorn, Esq. (served via electronic and U.S. mail) Law Offices of Irving M. Einhorn 1710 10th Street Manhattan Beach, CA 90266 Email: ime@einhornlaw.com Attorney for Defendant John Edwards Mark S. Dzarnoski, Esq. (served via CM/ECF only) Gordon & Silver, Ltd. 3960 Howard Hughes Parkway, Ninth Floor Las Vegas, NV 89169 Email: mdzarnoski@gordonsilver.com Attorney for Helen Bagley and 1st Global Stock Transfer LLC Urban A. Casavant (served via electronic and U.S. mail) RR 5 Site 16 Box 29 Prince Albert, Saskatchewan S6V 5R3 Canada Email: ucasavant@shaw.ca John Wesley Hall, Jr., Esq. (served via CM/ECF only) 1311 Broadway Little Rock, AR 72202-4843 Email: forhall@aol.com Attorney for Brian Dvorak Kathleen Tomasso (served via U.S. mail only) 9580 Lake Serena Drive Boca Raton, FL 33496 Email: ttomasso@ncfgcomm.com Anthony Tomasso (served via U.S. mail only) 9580 Lake Serena Drive Boca Raton, FL 33496 Email: ttomasso@ncfgcomm.com Sergey Rumyantsev (served via electronic and U.S. mail) 1951 North Jones Boulevard, #G-202 Las Vegas, NV 89108 Email: chaptak@embarqmail.com Anthony Santos (served via electronic and U.S. mail) 6965 North Durango Drive, Suite 1115-208 Las Vegas, NV 89149 Email: Ams.nwst@gmail.com
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NevWest Securities Corporation (served via U.S. mail only) c/o Anthony Santos 6965 North Durango Drive, Suite 1115-208 Las Vegas, NV 89149 Email: Ams.nwst@gmail.com Douglas E. Griffith, Esq. (served via electronic and U.S. mail) Kesler & Rust McIntyre Building, 2nd Floor 68 S. Main Street Salt Lake City, UT 84101 Email: dgriffith@kesler-rust.com Attorney for Daryl Anderson Eric N. Klein, Esq. (served via electronic and U.S. mail) Eric N. Klein & Associates, P.A. 1200 N. Federal Highway, Suite 200 Boca Raton, FL 33432 Email: enk@kleinattorneys.com Michael R. Bakst (served via electronic and U.S. mail) PMB 702 222 Lakeview Avenue, #160 West Palm Beach, FL 33401 Email: michael.bakst@ruden.com