UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CV-81205-RAR

SECURITIES AND EXCHANGE 

COMMISSION,

Plaintiff,

v. 

COMPLETE BUSINESS SOLUTIONS 

GROUP, INC. d/b/a PAR FUNDING, et al.,

Defendants.

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FINAL JUDGMENT AS TO DEFENDANT JOSEPH COLE BARLETA

THIS CAUSE comes before the Court upon the Order Granting in Part Plaintiff’s 

Amended Omnibus Motion for Final Judgment [ECF No. 1432] (“Order”). For the reasons set 

forth in the Order, it is hereby ORDERED AND ADJUDGED as follows: 

INCORPORATION OF JUDGMENT

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Court’s 

Judgment of Permanent Injunction as to Defendant entered on November 28, 2021 [ECF No. 1018] 

is hereby adopted and incorporated by reference with the same force and effect as if fully set forth 

herein, and that Defendant shall comply with all of the undertakings and agreements set forth 

therein. 

DISGORGEMENT, PREJUDGMENT INTEREST, AND CIVILPENALTY

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that 

Defendant is liable for disgorgement of $10,055,625, representing the amount of his ill-gotten 

gains as a result of the conduct alleged in the Amended Complaint, together with prejudgment 

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interest thereon in the amount of $754,525.32, and a civil penalty of $1,330,000, 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)]. 

Defendant shall pay the total of $12,140,150.32 to the Court-appointed Receiver within 

thirty (30) days of entry of this Final Judgment. 

Defendant shall simultaneously transmit photocopies of evidence of payment and case 

identifying information to the Commission’s counsel in this action. By making this payment, 

Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part of 

the funds shall be returned to Defendant. 

The Commission may enforce the Court’s judgment for disgorgement and prejudgment 

interest by using all collection procedures authorized by law, including, but not limited to, moving 

for civil contempt at any time after thirty (30) days following entry of this Final Judgment. The 

Commission may enforce the Court’s judgment for penalties by the use of all collection procedures 

authorized by law, including the Federal Debt Collection Procedures Act, 28 U.S.C. § 3001 et seq.,

and moving for civil contempt for the violation of any Court orders issued in this action. Defendant 

shall pay post-judgment interest on any amounts due after thirty (30) days of the entry of this Final 

Judgment pursuant to 28 U.S.C. § 1961. 

The Commission or the Receiver may propose a plan to distribute the funds subject to the 

Court’s approval. Such a plan may provide that the Fund shall be distributed pursuant to the Fair 

Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of 2002. The Court shall retain 

jurisdiction over the administration of any distribution of the Fair Fund and the Fund may only be 

disbursed pursuant to an order of the Court. 

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Regardless of whether any such Fair Fund distribution is made, amounts ordered to be paid 

as civil penalties pursuant to this Final Judgment shall be treated as penalties paid to the 

government for all purposes, including all tax purposes. To preserve the deterrent effect of the 

civil penalty, Defendant shall not, after offset or reduction of any award of compensatory damages 

in any Related Investor Action based on Defendant’s payment of disgorgement in this action, argue 

that he is entitled to, nor shall he further benefit by, offset or reduction of such compensatory 

damages award by the amount of any part of Defendant’s payment of a civil penalty in this action 

(“Penalty Offset”). If the court in any Related Investor Action grants such a Penalty Offset, 

Defendant shall, within thirty (30) days after entry of a final order granting the Penalty Offset, 

notify the Commission’s counsel in this action and pay the amount of the Penalty Offset to the 

United States Treasury or to a Fair Fund, as the Commission directs. Such a payment shall not be 

deemed an additional civil penalty and shall not be deemed to change the amount of the civil 

penalty imposed in this Final Judgment. For purposes of this paragraph, a “Related Investor 

Action” means a private damages action brought against Defendant by or on behalf of one or more 

investors based on substantially the same facts as alleged in the Complaint in this action.

RETENTION OF JURISDICTION

This Court shall retain jurisdiction over this matter and Defendant in order to implement 

and carry out the terms of all Orders and Decrees that may be entered and/or to entertain any 

suitable application or motion for additional relief within the jurisdiction of this Court, and will 

order other relief that this Court deems appropriate under the circumstances. 

RULE 54(b) CERTIFICATION

 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. 

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DONE AND ORDERED in Fort Lauderdale, Florida, this 24th day of October, 2022.

________________________________

RODOLFO A. RUIZ II

UNITED STATES DISTRICT JUDGE

cc: Counsel of Record

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