SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16944 / March 23, 2001
UNITED STATES SECURITIES AND EXCHANGE COMMISSION v. Gateway
Technologies, Inc., The Cheyenne Holding Corp., Randolph S. Ross and
Timothy J. Kavanagh, Case No. 99-8378-CIV-ZLOCH, U.S. District Court,
Southern District of Florida.
The Securities and Exchange Commission ("Commission") announced today
that the U.S. District Court for the Southern District of Florida
entered final judgments imposing permanent injunctive and other relief
against all defendants in a case the Commission filed in May 1999
against Gateway Technologies, Inc. ("Gateway"), The Cheyenne Holding
Corp. ("Cheyenne"), Randolph S. Ross and Timothy J. Kavanagh. The
Commission alleged that all defendants violated Section 17(a) of the
Securities Act of 1933 ("Securities Act") and Section 10(b) of the
Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5
thereunder by offering and selling investments in Gateway -- a company
purportedly building an internet telephone system -- by way of false,
misleading and incomplete information. It also alleged that defendants
Cheyenne, Ross and Kavanagh violated Section 15(a) of the Exchange Act
by acting as brokers while not registered with the Commission.
The Court entered a default final judgment against Gateway on June 30,
2000, permanently enjoining Gateway from violating Securities Act
Section 17(a) and Exchange Act Section 10(b) and Rule 10b-5, and
ordering payment of $3.3 million in disgorgement, over $300,000 in
prejudgment interest, and a civil penalty of $110,000. The Court
entered final judgments against Cheyenne, Ross and Kavanagh by consent
on August 7, 2000, permanently enjoining these defendants from
violating Section 17(a) of the Securities Act and Sections 10(b) and
15(a) of the Exchange Act and Rule 10b-5. The judgments against
Cheyenne and Ross further order that these defendants are jointly and
severally liable for disgorgement of $1,373,378.21 plus prejudgment
interest, but payment of all but $70,805.47 of that amount was waived
as to Cheyenne, and payment of the entire amount was waived as to
Ross, and no civil penalties were imposed based upon the demonstrated
inability of Cheyenne and Ross to pay. The judgment against Kavanagh
orders that Kavanagh is liable for disgorgement of $20,000 plus
prejudgment interest, but payment of the disgorgement was waived and
no civil penalties were imposed based upon Kavanagh's demonstrated
inability to pay.
The Commission filed its complaint in the United States District Court
for the Southern District of Florida, since Cheyenne was located in
Delray Beach, Florida and Ross and Kavanagh lived in the Delray Beach
area. Gateway was based in Santa Monica, California. The Court entered
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
UNITED STATES SECURITIES AND EXCHANGE COMMISSION v. Gateway Technologies, Inc., The Cheyenne
The Commission alleged that all defendants violated Section 17of the Securities Act of 1933
Securities Exchange Act of 1934 and Rule 10b-5 thereunder by offering and selling investments
The Court entered a default final judgment against Gateway on June 30, 2000, permanently
The Court entered final judgments against Cheyenne, Ross and Kavanagh by consent on August 7,
The judgments against Cheyenne and Ross further order that these defendants are jointly and
The judgment against Kavanagh orders that Kavanagh is liable for disgorgement of $20,000 plus
The Commission filed its complaint in the United States District Court for the Southern
The Court entered temporary restraining orders and preliminary injunctions against all
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