SEC Charges Rondald Wheet and Revolutions Medical Corp. For False Statements About The Company’s Medical Safety Syringe

SEC v. Revolutions Medical Corp. and Rondald L. Wheet, Case No. 1:12-cv-03298-TCB (N.D. Ga.).  On September 21, 2012, the SEC announced charges against Revolutions Medical Corp. (“Revolutions Medical”) and its CEO, Rondald L. Wheet (“Wheet”).  The case concerns Revolutions Medical’s and Wheet’s efforts to increase the company’s stock price through false press releases and statements about a retractable, medical safety syringe.  For about a year, the Defendants issued releases that made is appear as though the development of a safe and effective syringe was final, that the syringe was ready for manufacture and distribution, and that Revolutions Medical was close to finalizing mass distribution agreements, including a sales deal with the Department of Defense.  In reality, the development of the syringe was not that far along in that it was not close to manufacture or distribution and there were no imminent sales or distribution agreements.  Through the releases, Defendants inflated the company’s stock price and thus was also able to raise funds more cheaply through an equity financing agreement with hedge funds.

The SEC charged Defendants with violating Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.  The SEC also alleges that Wheet aided and abetted certain of Revolutions Medical’s violations.  The SEC is seeking injunctive relief, disgorgement and civil monetary penalties.

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SEC Charges Repeat Offender Edward Tackaberry With Acting as an Unregistered Broker-Dealer

SEC v. Edward Tackaberry, Case No. 6:12-Civ-06512 (W.D.N.Y.).  On September 21, 2012, the SEC announced charges against Edward Tackaberry.  Tackaberry acted as a broker-dealer by discussing investments with investors, negotiating their investments and documenting the deals.  At the time Tackaberry was soliciting investments, he was the subject of an SEC order barring him from associating with a broker-dealer.  The bar was imposed after Tackaberry was enjoined from violating the federal securities laws in a prior SEC action against him.  Tackaberry is charged with violating Sections 15(a) and 15(b)(6)(B)(i) of the Exchange Act.  Without admitting or denying the charges, he agreed to the entry of an injunction against further violations of these provisions of the Exchange Act.

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SEC Charges Hedge Fund Manager Yusaf Jawed in $37 Million Ponzi Scheme

SEC v. Yusaf Jawed, Grifphon Asset Management, LLC, et al; Case No. 12-1696 (D. Ore.); SEC v. Jacques Nichols, Case No. 12-1698 (D. Ore.); SEC v. Lyman Bruhn, et al., Case No. 12-1697 (D. Ore.).  On September 21, 2012, the SEC announced a trio of cases related to a $37 million Ponzi scheme run by hedge fund manager Yusaf Jawed.  Jawed and his management companies Grifphon Asset Management LLC and Grifphon Holdings LLC managed several hedge funds. Their marketing materials claimed that the Grifphon funds earned significant returns.  Jawed also claimed that investor funds would be invested in publicly-traded securities and the assets were kept at reputable financial institutions.   In reality, Jawed hardly invested any of the $37 million he raised.  Continue reading

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U.S. Indicts Former Sunwest Assisted-living Center CEO Jon Harder on Fraud Charges

When I was trial counsel with the SEC, I led the fraud case against Sunwest and its CEO Jon Harder.  Three-and-one-half years later, the U.S. Attorney has obtained a 56-count indictment against Harder alleging he defrauded more than 1,000 investors out of $130 million.

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SEC Charges H. Thomas Davis, Jr., Kenneth Wrangell and Mark Badgett With Insider Trading

On September 20, 2012, the SEC brought three separate insider trading cases related to an illegal tip about an impending merger.  The SEC alleges that H. Thomas Davis, Jr., breached his fiduciary duty to Mercer Insurance Group by passing on confidential information about the company’s negotiations to be acquired by another company.  Davis tipped his friend and business associate Mark W. Baggett with the nonpublic information, and Baggett later tipped his golfing partner Kenneth F. Wrangell.  Baggett and Wrangell made more than $83,000 in illicit profits trading on the tip.  Continue reading

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SEC Freezes Assets of Waldyr De Silva Prado Neto in Connection with Insider Trading of Burger King Stock

SEC v. Waldyr De Silva Prado Neto, Case No. 12 CIV 7094 (S.D.N.Y.).  On September 20, 2012, the SEC announced it obtained an emergency court order to freeze the assets of a stockbroker who used nonpublic information from a customer and engaged in insider trading.  The case concerns insider trading by Prado in the securities of Burger King Holdings, Inc. (“Burger King”) before Burger King’s announcement that it would be acquired by a private equity firm for $24 per share.  Continue reading

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SEC Charges Hedge Fund Manager Angelo Alleca With Running a Ponzi-Like Scheme

SEC v. Angelo A. Alleca, et al., Case No. 1:12-cv-03261-WSD (N.D. Ga.).  On September 19, 2012, the SEC announced fraud charges against hedge fund manager Angelo A. Alleca and his investment advisory firm, Summit Wealth Management, Inc. and three funds he operated and controlled.  The case concerns the loss of about $17 million in client assets by Summit Wealth Management, Inc. (“Summit Wealth”), a registered investment advisor based in Atlanta, Georgia, and its principal, Alleca.  Alleca managed about $500 million of client assets held in managed accounts.  Continue reading

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SEC Charges Bruce Cole, Former CEO of Mamtek With Fraud in the Offer and Sale of Municipal Bonds

SEC v. Bruce Cole and Nanette Cole, Case No. CV 12-8024 ABC (SHx) (C.D. Cal.).  On September 18, 2012, the SEC announced fraud charges against Bruce Cole, the former CEO and chairman of Mamtek U.S.  The case concerns a fraud scheme related to a $39 million municipal bond offering backed by the City of Moberly, Missouri.  The bond offering was intended to finance a plant in Moberly that Mamtek would construct and operate.  Cole got his employees to unknowingly divert around $900,000 in bond proceeds for his personal use and by lying to city officials and bondholders about the use of those funds. Continue reading

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SEC Obtains Judgments Of More Than $135 Million in “Green” Ponzi Scheme

SEC v. Mantria Corporation, Troy B. Wragg, Amanda E. Knorr, Speed of Wealth, LLC, Wayde M. McKelvy, and Donna M. McKelvy, Case No. 09-cv-02676-CMA-MJW (D. Colo.).  On September 18, 2012, the SEC announced it obtained final judgments against Troy B. Wragg, Amanda E. Knorr, Speed of Wealth, LLC, Wayde M. McKelvy, and Donna M. McKelvy ordering disgorgement, prejudgment interest, and civil penalties totaling more than $135 million.  The case was originally filed in 2009.  The case involved the defendants raising money for so-called “green” investments such as a “carbon negative” housing community and a charcoal substitute supposedly made from organic waste.  Continue reading

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SEC Obtains Asset Freeze and Temporary Restraining Order Against Michael Borish and Michael Ciarlone

SEC v. Freedom Environmental Services, Inc., et al., Case No.: 6:12-CV-1415-ORL-28-DAB (M.D. Fl.).  On September 17, 2012, the SEC announced it had obtained a temporary restraining order, asset freeze and appointment of a receiver to preserve assets.  The SEC charged Michael Borish, Michael Ciarlone and Freedom Environmental Services, Inc. with fraud and misappropriation of assets.  Borish, Freedom’s former CEO, remained in control of the company after being fired by the board of directors.  Even though he had been terminated, Borish acted as the company’s CEO.  Continue reading

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