Â鶹´«Ã½

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

FEDERAL TRADE COMMISSION, Plaintiff,

v.

DATA MEDICAL CAPITAL, INC., et al. Defendants.

SA-CV-99-1266 AHS (EEx)

STIPULATED FINAL JUDGMENT AND [PROPOSED] ORDER FOR PERMANENT INJUNCTION, DISGORGEMENT AND MONETARY RELIEF AGAINST DEFENDANT BRYAN D'ANTONIO a/k/a BRIAN D'ANTONIO and DATA MEDICAL CAPITAL, INC., also doing business as Datamed and MedCo

Plaintiff, the Â鶹´«Ã½ Trade Commission ("FTC" or "Commission"), commenced this action by filing a Complaint pursuant to Section 13(b) of the Â鶹´«Ã½ Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), charging Defendants Data Medical Capital, Inc., also doing business as Datamed and MedCo ("Data Medical"), and Bryan D'Antonio a/k/a Brian D'Antonio ("D'Antonio") with engaging in unfair or deceptive acts or practices in connection with the sale and offering for sale, of a work-at-home opportunity, in violation of Section 5 of the FTC Act, 15 U.S.C. § 45.

Now the Commission and Defendants have agreed to a settlement of this action. Accordingly, the Commission and Defendants consent to entry of this Stipulated Final Judgment and Order ("Order") without trial or adjudication of any issue of law or fact herein.

FINDINGS

1. This is an action by the Commission instituted under Section 13(b) of the Â鶹´«Ã½ Trade Commission Act, 15 U.S.C. § 53(b). The Complaint seeks permanent injunctive relief against Defendants in connection with the offer and sale of a work-at-home opportunity involving medical billing.

2. This Court has jurisdiction over the subject matter of this case and over Defendants under 28 U.S.C. §§ 1331 and 1337(a) and 15 U.S.C. § 53(b). Venue in the Central District of California is proper as to all parties.

3. The Complaint states a claim upon which relief may be granted against Defendants under Sections 5(a) and 13(b)of the FTC Act, 15 U.S.C. §§ 45(a) and 53(b).

4. The Commission has the authority under Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), to seek the relief it has requested.

5. Defendants were properly served with the Complaint and Summons in this matter.

6. Defendant D'Antonio has, at various times, also used the name Brian Toney.

7. The activities of Defendants charged in the Complaint are in or affecting commerce, as defined in Section 4 of the FTC Act, 15 U.S.C. § 44.

8. Defendants enter into this Order freely and without coercion, and acknowledge that they understand the provisions of this Order and are prepared to abide by its terms.

9. Defendants waive all rights to seek appellate review or otherwise challenge or contest the validity of this Order. Defendants further waive and release any claims they may have against the Commission, its employees, representatives, or agents.

10. Defendants agree that this Order does not entitle them to seek or to obtain attorneys' fees as a prevailing party under the Equal Access to Justice Act, 28 U.S.C. § 2412, as amended by Pub.L.104-121, 110 Stat. 847, 863-4 (1996), and Defendants further waive any right to attorneys' fees that may arise under said provision of law.

11. This Order is remedial in nature and shall not be construed as the payment of a fine, penalty, punitive assessment, or forfeiture.

12. Entry of this Order is in the public interest.

ORDER

For purposes of this Final Judgment and Order for Permanent Injunction, Disgorgement and Monetary Relief ("Order"), the following definitions shall apply:

Definitions

1. "Business Venture" means any written or oral business arrangement, however denominated, which consists of the payment of any consideration for:

(a) the right or means to offer, sell or distribute goods or services (whether or not identified by a trademark, service mark, trade name, advertising, or other commercial symbol); and

 

(b) assistance to any person or entity in connection with or incident to the establishment, maintenance, or operation of a new business or the entry by an existing business into a new line or type of business.

2. "Telemarketing" means a plan, program or campaign which is conducted to induce the purchase of goods or services by the use of one or more telephones and which involves more than one interstate telephone call.

3. "Work-at-home opportunity" means any program, plan, product, or service that enables a participant or purchaser to earn money while working from home.

4. "Assisting others" means knowingly providing any of the following goods or services to another entity: (1) performing customer service functions, including, but not limited to, receiving or responding to consumer complaints; (2) formulating or providing, or arranging for the formulation or provision of, any telephone sales script or any other marketing material; (3) providing names of, or assisting in the generation of, potential customers; or (4) performing marketing services of any kind.

5. "Document" is synonymous in meaning and equal in scope to the usage of the term in Â鶹´«Ã½ Rule of Civil Procedure 34(a), and includes writings, drawings, graphs, charts, photographs, audio and video recordings, computer records, and other data compilations from which information can be obtained and translated, if necessary, through detection devices into reasonably usable form. A draft or non-identical copy is a separate document within the meaning of the term.

6. "Defendants" means defendant Data Medical Capital, Inc., also doing business as Datamed and MedCo, and defendant Bryan D'Antonio a/k/a Brian D'Antonio a/k/a Brian Toney.

7. "Consumer" means any person, including any individual, group, unincorporated association, limited or general partnership, corporation or other business entity.

8. The terms "and" and "or" have both conjunctive and disjunctive meanings.

I.

PERMANENT BAN.

IT IS THEREFORE ORDERED that Defendants, and their successors, assigns, agents, servants, employees, officers, and all persons or entities directly or indirectly under their control, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, and each such person, whether acting directly or through any corporation, limited liability company, subsidiary, division, or other device, are hereby permanently restrained and enjoined from engaging in, or receiving any remuneration of any kind whatsoever from, holding any ownership interest, share, or stock in, or serving as an officer, director, trustee, general manager of, or consultant or advisor to, any business entity engaged, or assisting others engaged in any of these activities, in whole or in part, in:

A. The advertising, marketing, promoting, offering for sale, or sale of any business venture, employment opportunity, or work-at-home opportunity; and

 

B. Telemarketing or assisting others engaged in telemarketing.

II.

PROHIBITED REPRESENTATIONS

IT IS FURTHER ORDERED that Defendants and their successors, assigns, agents, servants, employees, officers, and all persons or entities directly or indirectly under their control, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, and each such person in connection with the advertising, marketing, promoting, offering for sale or sale of any employment opportunity, business venture, or work-at-home opportunity are hereby restrained and enjoined from:

A. Making, or assisting in the making of, expressly or by implication, any false or misleading statement or representation of material fact, including, but not limited to, any false or misleading misrepresentation about:

 

1. The income, profit, or sales volume that a purchaser is likely to achieve;

 

2. The income, profit, or sales volume actually achieved by prior purchasers;

 

3. The length of time that it is likely to take a purchaser to recoup the entire purchase price or any other expenditure; or

 

4. The assistance that will be provided purchasers, including, but not limited to, providing profitable locations or clients; or

 

B. Making, or assisting in the making of, expressly or by implication, any false or misleading statement or representation of material fact, including, but not limited to, any misrepresentation about any other fact material to a consumer's decision to purchase any employment program.

IT IS FURTHER ORDERED that, in connection with the advertising, marketing, promoting, telemarketing, offering for sale, or sale of any good or service, Defendants, and their successors, assigns, agents, servants, employees, officers, and all persons or entities directly or indirectly under their control, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, and each such person, whether acting directly or through any corporation, limited liability company, subsidiary, division, or other device, are hereby permanently restrained and enjoined from misrepresenting, expressly or by implication, any fact material to a consumer's decision to buy or accept the good or service.

Provided, however, that nothing in this Section shall be construed to nullify the prohibitions set forth in Section I above.

III.

MONETARY JUDGMENT AND REDRESS

IT IS FURTHER ORDERED that:

A. Defendants shall release any and all claims they may have to any assets seized from Defendants by the Â鶹´«Ã½ Bureau of Investigation, including $559,404.69 and 45,000 shares of common stock in Commonwealth Energy Corp., and agree that these assets or their proceeds may be transferred by the Office of the United States Marshal or its designated agent to the Â鶹´«Ã½ Trade Commission or its designated agent to be used for consumer redress in accordance with Section IV below;

 

B. Judgment is entered against Defendants in the amount of Three Million Seven Hundred Sixty-Eight Thousand Ninety-One Dollars and Sixty-Six Cents ($3,768,091.66). Based on the sworn representations in the financial statements of Defendants, judgment shall be suspended upon transfer of the assets described in Paragraph A above to the Â鶹´«Ã½ Trade Commission or its designated agent;

 

C. The Commission's agreement to, and the Court's approval of, this Order is expressly premised upon the truthfulness, accuracy, and completeness of defendant D'Antonio's financial statement dated February 6, 2001, and defendant Data Medical's financial statement dated February 20, 2001, and related information submitted to the Commission, which contain material information relied upon by the Commission in negotiating and agreeing to the terms of this Order;

 

D. If the Commission should have evidence that the above-referenced financial statements and related information failed to disclose any material asset with a value in excess of $1,000, materially misrepresented the value of any asset, or made any other material misrepresentation or omission, the Commission may move that the Court reopen this Order for the sole purpose of allowing the Commission to modify Defendants' monetary liability;

 

E. If the Court finds that Defendants failed to disclose any material asset, materially misrepresented the value of any asset, or made any other material misrepresentation or omission in the above-referenced financial statements and information, the Court shall enter judgment against Defendants in favor of the Commission, in the amount of Three Million Seven Hundred Sixty-Eight Thousand Ninety-One Dollars and Sixty-Six Cents ($3,768,091.66), which Defendants and the Commission stipulate is the amount of consumer injury caused by the Defendants. This amount, less the sum of payments made pursuant to Paragraph A above, shall become immediately due and payable by Defendants, and interest computed at the rate prescribed under 28 U.S.C. § 1961, as amended, shall immediately begin to accrue on the unpaid balance;

 

F. Defendants shall cooperate fully with the Commission and its agents in all attempts to collect the amounts due pursuant to this Section, including, upon request, providing the Commission with their federal and state tax returns for the preceding two years, and completing new financial disclosure forms fully and accurately within ten (10) business days of receiving a request from the Commission to do so. Defendants further authorize the Commission to verify all information provided on their financial disclosure forms with all appropriate third parties including, but not limited to, financial institutions;

 

G. Defendants agree that the facts as alleged in the Complaint filed in this action shall be taken as true in any subsequent litigation filed by the Commission to enforce its rights pursuant to this Order, including, but not limited to, a nondischargeability complaint in any bankruptcy proceeding; and

 

H. Should this judgment be modified as to Defendants' monetary liability, this Order, in all other respects, shall remain in full force. Any proceedings instituted under this Section shall be in addition to and not in lieu of any other proceedings the Commission may initiate to enforce this Order.

IV.

USE OF CONSUMER REDRESS AND DISGORGEMENT OF FUNDS

IT IS FURTHER ORDERED that:

A. The Commission may apply any or all funds received from Defendants pursuant to this Order, and any interest received thereon, to a consumer redress program and to related administrative expenses; provided, however, that if the Commission determines that a consumer redress program is not feasible, the Commission may pay such funds to the United States Treasury as disgorgement. The Commission shall have full and sole discretion to:

 

1. Determine the criteria for participation by individual claimants in any consumer redress program implemented pursuant to this Order;

 

2. Determine the manner and timing of any notices to be given to consumers regarding the existence and terms of such programs; and

 

3. Delegate any and all tasks connected with such redress program to any individuals, partnerships, or corporations; and pay the fees, salaries, and expenses incurred thereby from the payments made pursuant to this Order; and

 

B. Defendants expressly waive their rights to litigate the issue of disgorgement. Defendants acknowledge and agree that all money paid pursuant to this Order is irrevocably paid to the Commission for purposes of settlement between the Commission and Defendants.

V.

LIFTING OF ASSET FREEZE

IT IS FURTHER ORDERED that the freezes against the assets of defendant D'Antonio and defendant Data Medical pursuant to Section II of the Preliminary Injunction entered by this Court on November 18, 1999, shall be lifted upon entry of this Order.

VI.

CUSTOMER LISTS

IT IS FURTHER ORDERED that Defendants, and their successors, assigns, agents, servants, employees, officers, and all persons or entities directly or indirectly under their control, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, and each such person, whether acting directly or through any corporation, subsidiary, division, or other device, are permanently restrained and enjoined from selling, renting, leasing, transferring, or otherwise disclosing the name, address, telephone number, credit card number, bank account number, e-mail address, or other identifying information of any person who paid any money to defendant D'Antonio, defendant Data Medical Capital Inc., defendant DataMed, or defendant MedCo for purchase of a medical billing business venture or software, at any time; provided that Defendants may disclose such identifying information to a law enforcement agency or as required by any law, regulation, or court order.

VII.

CEASE COLLECTIONS, PROVIDE NOTICES TO CONSUMERS

IT IS FURTHER ORDERED that Defendants, whether acting directly or through any corporation, subsidiary, division, or other device, shall:

A. Cease all collection efforts on accounts arising from contracts, agreements, or understandings between Defendants and consumers who purchased a medical billing business venture or software, including, but not limited to, directing all third parties engaged in collection efforts regarding such accounts to cease all such collection activities and to cease furnishing any negative information to any consumer reporting agencies;

 

B. Within twenty (20) days after the date this Order is entered (1) return to consumers all uncashed checks or other negotiable instruments, in Defendants' possession that have been received by Defendants directly or indirectly, on accounts arising from contracts, agreements, or understandings between Defendants and consumers who purchased a medical billing business venture or software, and (2) include with each such returned check or other negotiable instrument a notice to the consumer stating that, as a result of an agreement between Defendants and the Â鶹´«Ã½ Trade Commission settling allegations regarding Defendants' offer and sale of a work-at-home opportunity involving medical billing, those consumers' contracts are rescinded; and

 

C. Within sixty (60) days after the date this Order is entered, provide the names and addresses of those consumers to whom checks or other negotiable instruments were returned pursuant to Paragraph B above to: Jennifer Larabee, Esq., Â鶹´«Ã½ Trade Commission, 10877 Wilshire Blvd., Suite 700, Los Angeles, California 90024.

VIII.

DISTRIBUTION OF ORDER BY DEFENDANTS

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of this Order, Defendants shall each:

A. Provide a copy of this Order to, and obtain a signed and dated acknowledgment of receipt of same from, each officer or director, each individual serving in a management capacity, all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, whether designated as employees, consultants, independent contractors, or otherwise, immediately upon employing or retaining any such persons, for Defendant Data Medical and for any business where defendant D'Antonio is the majority owner of the business or directly or indirectly manages or controls the business; and

 

B. Maintain for a period of three (3) years after creation and, upon reasonable notice, make available to representatives of the Commission, the original signed and dated acknowledgments of the receipt of copies of this Order, as required in Paragraph A of this Section.

IX.

RECORD KEEPING PROVISIONS

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of this Order, Defendants, and their successors, assigns, agents, servants, employees, officers, and all persons or entities directly or indirectly under their control, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, and each such person, whether acting directly or through any corporation, subsidiary, division, or other device, in connection with defendant Data Medical or with any business where defendant D'Antonio is the majority owner of the business or directly or indirectly manages or controls the business, are hereby restrained and enjoined from failing to create, and from failing to retain for a period of five (5) years following the date of such creation, unless otherwise specified:

A. Books, records, and accounts that, in reasonable detail, accurately and fairly reflect the cost of goods or services sold, revenues generated, and the disbursement of such revenues;

 

B. Records accurately reflecting: the name, address, and telephone number of each person employed in any capacity by such business, including as an independent contractor; that person's job title or position; the date upon which the person commenced work; and the date and reason for the person's termination, if applicable. The businesses subject to this Section shall retain such records for any terminated employee for a period of three (3) years following the date of termination;

 

C. Records containing the names, addresses, phone numbers, dollar amounts paid, quantity of items or services purchased, and description of items or services purchased, for all consumers to whom such business has sold, invoiced or shipped any goods or services, or from whom such business accepted money or other items of value;

 

D. Records that reflect, for every consumer complaint or refund request, whether received directly or indirectly or through any third party:

 

1. the consumer's name, address, telephone number, and the dollar amount paid by the consumer;

 

2. the written complaint or refund request, if any, and the date of the complaint or refund request;

 

3. the basis of the complaint, including the name of any salesperson complained against, and the nature and result of any investigation conducted concerning any complaint;

 

4. each response and the date of the response;

 

5. any final resolution and the date of the resolution; and

 

6. in the event of a denial of a refund request, the reason for the denial; and

 

E. Copies of all sales scripts, training materials, advertisements, or other marketing materials utilized; provided that copies of all sales scripts, training materials, advertisements, or other marketing materials utilized shall be retained for three (3) years after the last date of dissemination of any such materials.

X.

COMPLIANCE REPORTING BY DEFENDANTS

IT IS FURTHER ORDERED that, in order that compliance with the provisions of this Order may be monitored:

A. For a period of five (5) years from the date of entry of this Order, Defendants shall notify the Commission of the following:

 

1. Any changes in defendant D'Antonio's residence address, mailing address, and telephone number, within ten (10) days of the date of such change;

 

2. Any changes in defendant D'Antonio's employment status (including self-employment) within ten (10) days of such change. Such notice shall include the name and address of each business with which defendant D'Antonio is affiliated or by which defendant D'Antonio is employed, a statement of the nature of the business, and a statement of defendant D'Antonio's duties and responsibilities in connection with the business or employment; and

 

3. Any proposed change in the structure of defendant Data Medical or any proposed change in the structure of any business entity owned or controlled by defendant D'Antonio such as creation, incorporation, dissolution, assignment, sale, merger, creation or dissolution of subsidiaries, proposed filing of a bankruptcy petition, or change in the corporate name or address, or any other change that may affect compliance obligations arising out of this Order, thirty (30) days prior to the effective date of any proposed change; provided, however, that, with respect to any proposed change in the corporation about which defendant D'Antonio learns less than thirty (30) days prior to the date such action is to take place, defendant D'Antonio shall notify the Commission as soon as is practicable after learning of such proposed change;

 

B. One hundred eighty (180) days after the date of entry of this Order, Defendants shall provide a written report to the FTC, sworn to under penalty of perjury, setting forth in detail the manner and form in which Defendants have complied and are complying with this Order. This report shall include but not be limited to:

 

1. Defendant D'Antonio's then current residence and mailing addresses and telephone number;

 

2. Defendant D'Antonio's then current employment, business address, and telephone number, a description of the business activities of each such employer, and defendant D'Antonio's title and responsibilities for each employer;

 

3. A description of the then current activities and corporate status and a then current list of officers and directors of Defendant Data Medical;

 

4. A copy of each acknowledgment of receipt of this Order obtained by Defendants pursuant to Section VIII; and

 

5. A statement describing the manner in which Defendants have complied and are complying with the injunctive provisions in Sections I and II of this Order;

 

C. Upon written request by a representative of the Commission, Defendants shall submit additional written reports (under oath, if requested) and produce documents on fifteen (15) days' notice with respect to any conduct subject to this Order;

 

D. For the purposes of this Order, Defendants shall, unless otherwise directed by the Commission's authorized representatives, mail all written notifications to the Commission to:

 

Assistant Regional Director

Â鶹´«Ã½ Trade Commission

10877 Wilshire Blvd., Suite 700

Los Angeles, California 90024

Re: FTC v. Data Medical Capital

SA-CV-99-1266 AHS (EEx)

 

E. For the purposes of this Section, "employment" includes the performance of services as an employee, consultant, or independent contractor; and "employers" includes any individual or entity for whom defendant D'Antonio performs services as an employee, consultant, or independent contractor; and

 

F. For purposes of the compliance reporting required by this Section, the Commission is authorized to communicate directly with Defendants.

XI.

COMMISSION'S AUTHORITY TO MONITOR COMPLIANCE

IT IS FURTHER ORDERED that the Commission is authorized to monitor Defendants' compliance with this Order by all lawful means, including but not limited to, the following means:

A. The Commission is authorized, without further leave of court, to obtain discovery from any person in the manner provided by Chapter V of the Â鶹´«Ã½ Rules of Civil Procedure, Fed. R. Civ. P. 26-37, including the use of compulsory process pursuant to Fed. R. Civ. P. 45, for the purpose of monitoring and investigating Defendants' compliance with any provision of this Order;

 

B. The Commission is authorized to use representatives posing as consumers and suppliers to Defendants, Defendants' employees, or any other entity managed or controlled in whole or in part by Defendants, without the necessity of identification or prior notice;

 

C. Nothing in this Order shall limit the Commission's lawful use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49 and 57b-1, to investigate whether Defendants have violated any provision of this Order or Section 5 of the FTC Act, 15 U.S.C. § 45; and

 

D. For purposes of the compliance monitoring authorized by this Section, the Commission, and its agents, are authorized to communicate directly with Defendants.

XII.

ACCESS TO BUSINESS PREMISES

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of this Order, for the purpose of further determining compliance with this Order, Defendants shall, within three (3) business days of receipt of written notice from the Commission, permit representatives of the Commission:

A. Access during normal business hours to any office, or facility storing documents, of defendant Data Medical or of any business where defendant D'Antonio is the majority owner of the business or directly or indirectly manages or controls the business. In providing such access, Defendants shall permit representatives of the Commission to inspect and copy all documents relevant to any matter contained in this Order, and shall permit Commission representatives to remove documents relevant to any matter contained in this Order for a period not to exceed five (5) business days so that the documents may be inspected, inventoried, and copied; and

 

B. To interview the officers, directors, and employees, including all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, whether designated as employees, consultants, independent contractors, or otherwise, of any business to which Paragraph A of this Section applies, concerning matters relating to compliance with the terms of this Order. The person interviewed may have counsel present; and

 

C. For purposes of the access request permitted by this Section, the Commission is authorized to communicate directly with Defendants.

Provided that, upon application of the Commission and for good cause shown, the Court may enter an ex parte order granting immediate access to Defendants' business premises for the purposes of inspecting and copying all documents relevant to any matter contained in this Order.

XIII.

ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANTS
AND AFFIRMATION OF FINANCIAL STATEMENT

IT IS FURTHER ORDERED that, within five (5) business days after receipt by Defendants of this Order as entered by the Court, Defendants shall submit to the Commission truthful sworn and notarized statements, in the forms shown on Appendices A and B, that shall acknowledge receipt of this Order as entered by this Court and shall affirm and attest to the truthfulness, accuracy, and completeness of Defendants' February 6, 2001 and February 20, 2001 financial statements. The Commission is authorized to verify all information provided in the financial statements with all appropriate third parties, including, but not limited to, financial institutions.

XIV.

COSTS AND ATTORNEYS FEES

IT IS FURTHER ORDERED that each party to this Order bear its own costs and attorneys fees incurred in connection with this action.

XV.

CONTINUED JURISDICTION

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for all purposes.

XVI.

INDEPENDENCE OF OBLIGATIONS

IT IS FURTHER ORDERED that the expiration of any requirements imposed by this Order shall not affect any other obligation under this Order.

XVII.

ENTRY BY CLERK

There being no just reason for delay, the Clerk of the Court is hereby directed to enter this Order.

SO STIPULATED:

Dated: ________________, 2001

For the Plaintiff,
FEDERAL TRADE COMMISSION

__________________________
Jennifer Larabee, Esq.
Attorney for Plaintiff

Dated: ________________, 2001

For the Defendants,
DATA MEDICAL CAPITAL, INC., and BRYAN D'ANTONIO

__________________________
Bryan D'Antonio a/k/a Brian D'Antonio
Individually and on behalf of the corporate defendant Data Medical Capital, Inc.

IT IS SO ORDERED.

Dated: ___________________

________________________________
United States District Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

FEDERAL TRADE COMMISSION, Plaintiff,

v.

DATA MEDICAL CAPITAL, INC.,  et al., Defendants.

SA-CV-99-1266 AHS (EEx)

AFFIDAVIT OF RECEIPT OF ORDER

I, Bryan D'Antonio, hereby declare as follows:

1. I am a defendant in the action FTC v. Data Medical Capital, Inc., and Bryan D'Antonio. My current residence address is ______________________________________________. I am a citizen of the United States and over the age of eighteen. I have personal knowledge of the facts set forth in this Affidavit.

2. I agreed to entry of a Stipulated Final Judgment and Order ("Stipulated Order") to settle the charges in the Commission's Complaint. I read the provisions of the Stipulated Order before signing it. I understand all the provisions of the Stipulated Order. By signing the Stipulated Order I agreed to be bound by those provisions and to bind Data Medical Capital, Inc., to those provisions.

3. On __________________, 20___, I received a copy of the Stipulated Order which was signed by the Honorable Alicemarie H. Stotler and entered by the Court on ______________________, 20___. A true and correct copy of the Stipulated Order that I received is appended to this affidavit. The Stipulated Order was _____ pages in length. I reviewed the document and confirmed it was the document I had previously signed.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on ________________, 20___, at _______________________, California.

Bryan D'Antonio, individually,
and as an officer of Data Medical Capital, Inc., also
doing business as Datamed and MedCo

State of ___________________, City of ________________________

Subscribed and sworn to before me

this _____ day of __________________, 20___.

Notary Public

My Commission Expires:

__________________________________

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

FEDERAL TRADE COMMISSION, Plaintiff,

v.

DATA MEDICAL CAPITAL, INC., et al., Defendants.

SA-CV-99-1266 AHS (EEx)

AFFIDAVIT AFFIRMING FINANCIAL STATEMENT

I, Bryan D'Antonio, hereby declare as follows:

1. I am a defendant in the action FTC v. Data Medical Capital, Inc., and Bryan D'Antonio. My current residence address is ______________________________________________. I am a citizen of the United States and over the age of eighteen. I have personal knowledge of the facts set forth in this Affidavit.

2. On February 6, 2001, I completed and signed a Â鶹´«Ã½ Trade Commission Financial Statement of Individual Defendant, certifying that the information I provided in that document was true and correct. A true and correct copy of the Financial Statement is appended to this Affidavit.

3. On February 20, 2001, I completed and signed a Â鶹´«Ã½ Trade Commission Financial Statement of Corporate Defendant, on behalf of and as an officer of Data Medical Corporation, Inc., certifying that the information I provided in that document was true and correct. A true and correct copy of the Financial Statement is appended to this Affidavit.

4. I hereby declare and affirm that the information contained in the Financial Statements appended to this Affidavit are true and correct, and that there have been no material changes to the information as provided therein.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on ________________, 20___, at _______________________, California.

Bryan D'Antonio, individually,
and as an officer of Data Medical Capital, Inc., also
doing business as Datamed and MedCo

State of ___________________, City of ________________________

Subscribed and sworn to before me

this _____ day of __________________, 20___.

Notary Public

My Commission Expires:

__________________________________