Free Order on Motion for Order - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 148

Filed 12/06/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-cv-645-JLK SECURITIES AND EXCHANGE COMMISSION Plaintiff vs. KENNETH ROY WEARE aka ROY WEAVER, J&K GLOBAL MARKETING CORPORATION, AND AAA-AUCTION.COM, INC. Defendants

ORDER ON RECEIVER' UNOPPOSED MOTION FOR S ORDER DETERMINING ASSETS OF J&K GLOBAL MARKETING CORPORATION AND AAA-AUCTION.COM, INC. LIABLE FOR OBLIGATIONS OF KENNETH ROY WEARE

THE COURT, being advised in the premises, and having received and reviewed the Receiver' Unopposed Motion for Order Determining Assets of J&K Global Marketing s Corporation and AAA-Auction.com, Inc. Liable for Obligations of Kenneth Roy Weare (doc. #146)) filed on November 22, 2006, and finding the relief requested therein reasonable and justified under the circumstances of this receivership estate, FINDS that Kenneth Roy Weare and J&K Global Marketing Corporation are the alter egos of one another, that Kenneth Roy Weare and AAA-Auction.com, Inc. are the alter egos of one another, that justice requires recognizing the substance of the relationships over the forms because these corporate fictions were utilized to perpetuate a fraud or defeat a right claim and 1

Case 1:01-cv-00645-JLK

Document 148

Filed 12/06/2006

Page 2 of 2

that an equitable result is achieved by reverse piercing in this matter. Therefore, the Court ORDERS that the Receiver' Motion is GRANTED. The assets of J&K Global s Marketing Corporation and of AAA-Auction.com, Inc., including the funds on deposit in the registry of the Court, are hereby liable for the obligations of Kenneth Roy Weare to the investors in J&K Global Marketing and AAA-Auction.com, Inc. and are available to satisfy the judgments against Kenneth Roy Weare entered by this Court on January 15, 2002. DATED this 6th day of December, 2006. BY THE COURT:

S/John L. Kane Senior Judge John L. Kane United States District Court

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