Many on both sides of the argument have been waiting for something to break to either prove or disprove that Rex Venture Group LLC was truly running a ponzi/pyramid scheme. In this latest news Dawn Wright-Olivares and Dan Olivares admit to some incredible information. SEC Press Release.
WFMY News – Federal Charges Filed in Zeek Rewards Case
Behind MLM – Dawn Wright-Olivares pleads guilty to fraud
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION
SECURITIES AND EXCHANGE COMMISSION,
DAWN WRIGHT-OLIVARES and DANIEL OLIVARES,
Civil Action No.
CONSENT OF DEFENDANT DAWN WRIGHT- OLIVARES
1. Defendant Dawn Wright-Olivares (“Defendant”) waives service of a summons and the Complaint in this action, enters a general appearance, and admits the Court’s jurisdiction over Defendant and over the subject matter of this action.
2. Defendant has entered into a written agreement to plead guilty to criminal conduct relating to cetiain matters alleged in the Complaint in this action. Specifically, in United States
v. Dawn Wright-Olivares, Crim. No. (W.D.N.C.), Defendant agreed to plead guilty to (1) Conspiracy [18 U.S.C. § 371] to commit wire fraud in violation of 18 U.S.C. § 1343, and securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934 [15 U.S.C.
§§ 78G)b)] and Rule lOb-5 thereunder [17 C.F.R. § 240.10b-5]; and (2) Tax Fraud Conspiracy in violation of 18 U.S.C. § 371. In connection with that plea, Defendant admitted the facts set
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forth in the Factual Summary filed contemporaneously with her Plea Agreement, which is filed on this date in the criminal action. This Consent shall remain in full force and effect regardless of the existence or outcome of any further proceedings in United States v. Dawn Wright Olivares, Crim. No._ (W.D.N.C.).
3. Defendant hereby consents to the entry of judgment in the form attached hereto (the “Final Judgment”) and incorporated by reference herein, which, among other things,
a. permanently restrains and enjoins Defendant from violation of Sections 5(a), 5(c), and 17(a) ofthe Securities Act of 1933 (“Securities Act”) [15 U.S.C. § 77q(a)], and Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) [15
U.S.C. § 78j(b)], and Rule 10b-5 thereunder [17 C.P.R.§ 240.10b-5], and from directly or indirectly participating in, or facilitating, the solicitation of any investment in any security or in the offering of any security, provided, however, that such injunction shall not prevent Defendant from purchasing or selling securities listed on a national exchange for her own personal account; and
b. orders Defendant to pay disgorgement in the amount of $7,846,900.95, plus prejudgment interest thereon in the amount of$337,163.99, for a total of
$8,184,064.94, but provides that Defendant’s payment of disgorgement and prejudgment interest shall be deemed satisfied upon entry of a restitution order and/or forfeiture order requiring Defendant to pay an amount equal to or greater than $8,184,064.94 in United States v. Dawn Wright-0/ivares, Crim. No. _ (W.D.N.C.).
4. Defendant agrees to disclaim and relinquish, and agrees that the Court shall order Defendant to disclaim and relinquish, all legal and equitable right, title, claim, or interest in Rex
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Venture Group LLC, including: all subsidiaries, whether incorporated or unincorporated; all businesses or business names under which it does business and; and all assets in Rex Venture Group LLC’s possession, custody or control, including assets held in accounts in any financial institution.
5. Defendant waives the entry of findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure.
6. Defendant waives the right, if any, to a jury trial and to appeal from the entry of the Final Judgment.
7. Defendant enters into this Consent voluntarily and represents that no threats, offers, promises, or inducements of any kind have been made by the Commission or any member, officer, employee, agent, or representative of the Commission to induce Defendant to enter into this Consent.
8. Defendant agrees that this Consent shall be incorporated into the Final Judgment with the same force and effect as if fully set forth therein.
9. Defendant will not oppose the enforcement of the Final Judgment on the ground, if any exists, that it fails to comply with Rule 65(d) of the Federal Rules of Civil Procedure, and hereby waives any objection based thereon.
10. Defendant waives service of the Final Judgment and agrees that entry of the Final Judgment by the Court and filing with the Clerk of the Court will constitute notice to Defendant of its terms and conditions. Defendant further agrees to provide counsel for the Commission, within thirty days after the Final Judgment is filed with the Clerk of the Court, with an affidavit or declaration stating that Defendant has received and read a copy of the Final Judgment.
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11. Consistent with 17 C.F.R. 202.5(±), this Consent resolves only the claims asserted against Defendant in this civil proceeding.
Defendant acknowledges that no promise or representation has been made by the Commission or any member, officer, employee, agent, or representative of the Commission with regard to any criminal liability that may have arisen or may arise from the facts underlying this action or immunity from any such criminal liability.
Defendant waives any claim ofDouble Jeopardy based upon the settlement of this proceeding, including the imposition of any remedy or civil penalty herein. Defendant further acknowledges that the Court’s entry of a permanent injunction may have collateral consequences under federal or state law and the rules and regulations of self-regulatory organizations, licensing boards, and other regulatory organizations. Such collateral consequences include, but are not limited to, a statutory disqualification with respect to membership or participation in, or association with a member of, a self-regulatory organization.
This statutory disqualification has consequences that are separate from any sanction imposed in an administrative proceeding. In addition, in any disciplinary proceeding before the Commission based on the entry of the injunction in this action, Defendant understands that she shall not be permitted to contest the factual allegations of the Complaint in this action.
12. Defendant understands and agrees to comply with the Commission’s policy “not to permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the Complaint or order for proceedings.” 17 C.P.R. § 202.5. In compliance with this policy, Defendant acknowledges her guilty plea for related criminal conduct described in paragraph 2 above, and agrees: (i) not to take any action or to make or permit to be made any public statement denying, directly or indirectly, any allegation in the Complaint or creating the impression that the Complaint is without factual basis; and (ii) that
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upon the filing of this Consent, Defendant hereby withdraws any papers filed in this action to the extent that they deny any allegation in the Complaint. If Defendant breaches this agreement, the Commission may petition the Court to vacate the Final Judgment and restore this action to its active docket. Nothing in this paragraph affects Defendant’s: (i) testimonial obligations; or (ii) right to take legal or factual positions in litigation or other legal proceedings in which the Commission is not a party.
13. Defendant hereby waives any rights under the Equal Access to Justice Act, the Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to seek from the United States, or any agency, or any official of the United States acting in his or her official capacity, directly or indirectly, reimbursement of attorney’s fees or other fees, expenses, or costs expended by Defendant to defend against this action. For these purposes, Defendant agrees that Defendant is not the prevailing party in this action since the parties have reached a good faith settlement.
14. In connection with this action and any related judicial or administrative proceeding or investigation commenced by the Commission or to which the Commission is a party, Defendant agrees to cooperate fully and truthfully, regardless of the time period in which the cooperation is required. The full, truthful, and continuing cooperation of Defendant shall include, but not be limited to:
a. producing all non-privileged documents and other materials to the Commission as requested by counsel for the Commission, wherever located, in the possession, custody, or control ofDefendant;
b. appearing for interviews, at such times and places, as requested by counsel for the
c. responding fully and truthfully to all inquiries, when requested to do so by counsel for the Commission, in connection with these proceedings;
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Editor’s Note: Page six would not transfer for this article. You can read the full Settlement and other court documents by clicking the links below.