-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VsrECXw35X588rEqHJ2ZuAcRbDnUJfooQVbnlez3RLDN191ahmznpu2gv83EeDAX jThCsSMV3PaeLHO79ZSyVQ== 0001019687-11-000422.txt : 20110208 0001019687-11-000422.hdr.sgml : 20110208 20110207190000 ACCESSION NUMBER: 0001019687-11-000422 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110131 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20110208 DATE AS OF CHANGE: 20110207 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Ingen Technologies, Inc. CENTRAL INDEX KEY: 0000861058 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS MANUFACTURING INDUSTRIES [3990] IRS NUMBER: 880429044 STATE OF INCORPORATION: GA FISCAL YEAR END: 0531 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-28704 FILM NUMBER: 11579919 BUSINESS ADDRESS: STREET 1: 35193 AVENUE A, SUITE C CITY: YUCAIPA STATE: CA ZIP: 92399 BUSINESS PHONE: 800-259-9622 MAIL ADDRESS: STREET 1: 35193 AVENUE A, SUITE C CITY: YUCAIPA STATE: CA ZIP: 92399 FORMER COMPANY: FORMER CONFORMED NAME: CREATIVE RECYCLING TECHNOLOGIES INC DATE OF NAME CHANGE: 19980505 FORMER COMPANY: FORMER CONFORMED NAME: CLASSIC RESTAURANTS INTERNATIONAL INC /CO/ DATE OF NAME CHANGE: 19960619 FORMER COMPANY: FORMER CONFORMED NAME: CLASSIC RESTAURANTS INC/CO DATE OF NAME CHANGE: 19960604 8-K 1 ingen_8k-013111.htm INGEN TECHNOLOGIES, INC. ingen_8k-013111.htm


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 WASHINGTON, D.C. 20549
 
FORM 8-K
 
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
 
Date of report (Date of earliest event reported): January 31, 2011
 
INGEN TECHNOLOGIES, INC.
 (Exact name of registrant as specified in its charter)
   
Georgia   000-28704   84-1122431
(State or other jurisdiction of incorporation or organization)   (Commission File Number)   (I.R.S. Employer Identification Number)
 
    
35193 Avenue "A", Suite-C, Yucaipa, California   92399
(Address of principal executive offices)   (Zip Code)
 
    
(800) 259-9622
(Registrant's telephone number, including area code)

 
Not Applicable
(Former name or former address, if changed since last report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
 
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


 
 
 
 

Item 8.01  Other Events
 
On January 31, 2011, the Honorable Patricia A. Seitz, United States District Judge for the Southern District of Florida, signed a JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AS TO DEFENDANT INGEN TECHNOLOGIES, INC.  The Judgment permanently enjoins the Company from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 of the Securities and Exchange Commission (“SEC).  The Judgment also provides for disgorgement and a civil penalty, the amounts of which are to be determined once the SEC files a motion (not as yet filed).  The Judgment incorporates the Company’s Consent by reference.  The Court retained jurisdiction.  A full and complete copy of the Court’s Judgment is attached hereto as an exhibit and incorporated he rein by this reference.
 
 
Item 9.01  Financial Statements and Exhibits
 
(d)       Exhibits
  
Exhibit 99.1  JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AS TO DEFENDANT INGEN TECHNOLOGIES, INC.
 
 
 
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SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
  
  INGEN TECHNOLOGIES, INC.  
       
DATED:  February 7, 2011
By:
/s/ Scott R. Sand  
   
Scott R. Sand,
 
   
Chief Executive Officer
 
       
 
 
 
 
 
 
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EX-99.1 2 ingen_8k-ex9901.htm JUDGMENT OF PERMANENT INJUNCTION ingen_8k-ex9901.htm

EXHIBIT 99.1
 
 
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
 
 
CASE NO. 10-23602-CIV-SEITZ/O'SULLIVAN
 
SECURITIES AND EXCHANGE COMMISSION,
 
Plaintiff,
 
v..
 
SCOTT R. SAND and
INGEN TECHNOLOGIES, INC.,
 
Defendants.
 
______________________________________
 
JUDGMENT OF PERMANENT INJUNCTION AND OTHER
RELIEF AS TO DEFENDANT INGEN TECHNOLOGIES. INC.
 
The Securities and Exchange Commission having filed an Amended Complaint, and Ingen Technologies, Inc. ("Ingen") having: entered a general appearance; consented to the Court's jurisdiction over it and the subject matter of this action; consented to entry of this Judgment of Permanent Injunction and Other Relief (the "Judgment") without admitting or denying the allegations of the Amended Complaint (except as to subject matter and personal jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Judgment:
     
I.
 
SECTION 10(B) OF THE SECURITIES EXCHANGE ACT OF 1934
 
IT IS ORDERED AND ADJUDGED that Ingen and its agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Judgment by personal service or otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security:
 
 
(a) 
to employ any device, scheme, or artifice to defraud;
 
 
(b) 
to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or
 
 
(c) 
to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
   
 
 

 
    
II.
 
SECTION 17(A) OF THE SECURITIES ACT OF 1933
 
IT IS FURTHER ORDERED AND ADJUDGED that Ingen and its agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (the "Securities Act") [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly:
 
 
(a)
to employ any device, scheme, or artifice to defraud;
 
 
(b)
to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or
 
 
(c)
to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.
    
III.
     
DISGORGEMENT AND CIVIL PENALTY
 
IT IS FURTHER ORDERED AND ADJUDGED that Ingen shall pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)]. The Court shall determine the amounts of the disgorgement and civil penalty upon motion of the Commission. Prejudgment interest shall be calculated from June 3, 2009, based on the rate of interest used by the Internal Revenue Service for the underpayment of federal income tax as set forth in 26 U.S.C. § 6621(a)(2). In connection with the Commission's motion for disgorgement and/or civil penalties, and at any hearing held on such a motion: (a) Ingen will b e precluded from arguing that it did not violate the federal securities laws as alleged in the Amended Complaint; (b) Ingen may not challenge the validity of the Consent or this Judgment; (c) solely for the purposes of such motion, the allegations of the Amended Complaint shall be accepted as and deemed true by the Court; and (d) the Court may determine the issues raised in the motion on the basis of affidavits, declarations, excerpts of sworn deposition or investigative testimony, and documentary evidence, without regard to the standards for summary judgment contained in Rule 56(c) of the Federal Rules of Civil Procedure. In connection with the Commission's motion for disgorgement and/or civil penalties, the parties may take discovery, including discovery from appropriate non-parties.
    
 
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IV.
 
INCORPORATION OF INGEN'S CONSENT
 
IT IS ORDERED AND ADJUDGED that the Consent is incorporated herein with the same force and effect as if fully set forth herein, and that Ingen shall comply with all of the undertakings and agreements set forth therein.
 
V.
 
RETENTION OF JURISDICTION
 
IT IS ORDERED AND ADJUDGED that this Court shall retain jurisdiction of this matter for six months the purposes of enforcing the terms of this Judgment.
   
Done and ordered in Chambers in Miami, Florida, this 31st day of January, 2011
 
 
   
  /s/ PATRICIA A. SEITZ
 
PATRICIA A. SEITZ
 
UNITED STATES DISTRICT JUDGE
   
 
 
 
 
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