IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 00-N-3 17
Magistrate Judge Shaffer
UNiTED STATES OF AMERICA, >
>
Plaintiff, >
>
V. >
>
NORTH AMERICAN MARKETING SYSTEMS, INC., )
a Colorado corporation; and >
PATRICK WHERLEY, individually, and as an >
officer of the corporation, >
1
Defendants. >
STIPULATED JUDGMENT AND
ORDER FOR PERMANENT INJUNCTION
Plaintiff, the United States of America, acting upon notification and
Attorney General by the Federal Trade Commission ("FTC" or the "Commission"), has
commenced this action by filing the Complaint herein, and Defendants have been served
summons and the complaint. The parties, represented by the attorneys whose names appear
hereafter, have agreed to settlement of this action pursuant to the terrns hereof.
THEREFORE, on the joint motion of the parties, it is hereby ORDERED, ADJUDGED
AND DECREED as follows:
FINDINGS
1. This Court has jurisdiction over the subject matter and the parties
U.S.C. $6 1331, 1337(a), 1 345 and 1355, and 15 U.S.C. $5 45(m)(l)(iZ), 53(b), 56(a),
3
-. Venue is proper as to all parties in the District of Colorado.
SNIPPETS:
Plaintiff, the United States of America, acting upon notification and authorization to the
Attorney General by the Federal Trade Commission,
commenced this action by filing the Complaint herein, and Defendants have been served with the
THEREFORE, on the joint motion of the parties, it is hereby ORDERED, ADJUDGED
This Court has jurisdiction over the subject matter and the parties pursuant to 28.
Section 4 of the FTC Act,
"Business Venture" means any written or oral business arrangement,
"Individual Defendant" is Patrick Wherley, individually and as an officer of the Corporate
The "Franchise Rule" or "Rule" means .th.e FTC Trade Regulation Rule entitled
"Disclosure Requirements and Prohibitions concerning Franchising and Business Opportunity
"Representatives" means the Defendants' successors, assigns, officers, agents,
employees and those persons in active concert or participation.
affecting commerce, of a kanchise, the Defendants and their Representatives are hereby
Franchise, Business Venture, or income-generating product or service, the Defendants and their
profit or sales volume actually achieved by prior purchasers;
Dollars, is hereby entered against the Defendants, jointly and severally, as a civil
In the event of default on the payment required to be made by this Paragraph,
this Court finds that any of the Defendants' financial statements failed to disclose any
personnel, whether designated as employees, consultants, independent contractors or otherwise,
identify all written notifications to Plaintiff as provided in reference to
the complaint or refund request, including the name of any salesperson complained about;
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