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SEC Litigation Releases: Week in Review - July 12th, 2013

Serial Fraudster Matthew J. Gagnon Sentenced to Five Years in Prison
July 11, 2013, (Litigation Release No. 22749)
This week Matthew J. Gagnon was sentenced to "five years of incarceration followed by three years of supervised release and ordered...to pay over $4.4 million in restitution to his victims." Gagnon had pleaded guilty to "one count of criminal securities fraud for promoting a securities offering without fully disclosing the amount of his compensation in connection with his...

SEC Litigation Releases: Week in Review - July 5th, 2013

SEC Obtains Freeze On Proceeds from Unlawful Distribution of Biozoom Securities
July 3, 2013, (Litigation Release No. 22742)
According to the complaint, eight Argentine citizens "unlawfully sold millions of shares" of Biozoom, Inc. (formerly Entertainment Art, Inc.) "in unregistered transactions" while two other Argentine citizens, Fernando Loureyro and Mariano Graciarena, also had received shares of Biozoom "but had not yet sold them." According to the SEC, from March to June 2013, the ten...

SEC Litigation Releases: Week in Review - June 28th, 2013

Court Enters Final Judgments Against JBI, Inc. and Former Officer in Accounting Fraud Case
June 27, 2013, (Litigation Release No. 22735)
Final judgments were entered against JBI, Inc. and John W. Bordynuik, "two defendants in a fraud action filed by the Commission in 2012." In its original complaint, the SEC alleged that JBI, Bordynuik (JBI's former CEO) and Ronald Baldwin Jr. (JBI's former CFO) engaged in a scheme that allowed JBI to state "materially false and inaccurate financial...

SEC Litigation Releases: Week in Review - June 21st, 2013

SEC Charges San Diego-Based Promoter in Penny Stock Scheme
June 19, 2013, (Litigation Release No. 22730)
According to the complaint, David F. Bahr "artificially increased the trading price and volume" of penny stocks in iTrackr Systems "when he conspired with a purported businessman with access to a network of corrupt brokers." Bahr had arranged the fraudulent purchase of $2.5 million worth of shares in iTrackr with this businessman and "during a test run of their arrangement, Bahr paid a...

SEC Litigation Releases: Week in Review - June 14th, 2013

Former Yahoo Executive Settles SEC Insider Trading Case
June 12, 2013, (Litigation Release No. 22726)
A final judgment was entered against Robert W. Kwok, a former Senior Director of Business Management at Yahoo! Inc., for allegedly trading on nonpublic information "concerning Yahoo and Moldflow Corporation." According to the SEC, in April 2008 Kwok learned of an upcoming acquisition of Moldflow by Autodesk, Inc. from Reema Shah, "a former mutual fund and hedge fund portfolio manager at...

SEC Litigation Releases: Week in Review - June 7th, 2013

Final Judgments Entered Against Former Nicor Senior Officers Kathleen Halloran and George Behrens
June 5, 2013, (Litigation Release No. 22715)
Final judgments were entered against Kathleen Halloran and George Behrens, former CFO and former Treasurer of Nicor, Inc. respectively, for allegedly overstating "Nicor's financial performance...by, among other things, making or authorizing false and misleading statements about Nicor's performance in multiple filings with the Commission." The SEC...

SEC Litigation Releases: Week in Review - May 31st, 2013

District Court Enters Judgment Against Medical Software Company and Its CEO and CFO
May 30, 2013, (Litigation Release No. 22709)
Default judgments were entered against MedLink International, Inc., its CEO, Aurelio Vuono, and its CFO, James Rose, for allegedly "filing an annual report falsely stating that its audit had been completed and...defrauding a MedLink investor." The judgment orders permanent injunctions from violating sections of the Securities Act and Exchange Act and orders the...

SEC Litigation Releases: Week in Review - May 24th, 2013

SEC Charges Atlanta-Area Registered Representative and Registered Investment Adviser Representative with Securities Fraud
May 23, 2013, (Litigation Release No. 22706)
According to the complaint, since at least 2008 Blake Richards, "a registered representative of a broker dealer, misappropriated at least $2 million from at least seven investors." Allegedly, the "majority of the misappropriated funds constituted retirement savings and/or life insurance proceeds from deceased spouses." An order...

SEC Litigation Releases: Week in Review - May 17th, 2013

Final Settlements Reached in "Golden Goose" Wall Street Insider Trading Case
May 15, 2013, (Litigation Release No. 22700)
Earlier this week final judgments were entered against Jamil Bouchareb, Daniel Corbin, and Corbin's companies, CobinInvestmentHoldings, LLC and Augustus Management LLC, for their alleged involvement in a widespread insider trading scheme. Bouchareb and Corbin have agreed to pay over $1.2 million in disgorgement and pre-judgment interest to settle the charges. Additionally,...

SEC Litigation Releases: Week in Review - May 10th, 2013

SEC Charges China-based Company and Former Chief Financial Officer in Fraudulent Scheme involving Non-Existent Computing Business
May 8, 2013, (Litigation Release No. 22698)
According to the SEC's complaint, China-based company, Subaye Inc and its former CFO, James T. Crane, "misrepresented the company's business and operations, deceived the company's auditors, and misled investors about the company's true status and revenues." The SEC alleges that the defendants claimed Subaye had over 1,400...

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