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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
INVESTORS SECURITIES COMPLAINT SMITH COMPLAINT ALLEGES OPERATING EXCHANGE COMMISSION SCHEME AGREEMENT INJUNCTION DEFENDANTS PURPORTED INVESTMENTS SWITCHES OPERATING REVENUES ACT GLOBAL TELELINK SERVICES ROBERT SMITH CIVIL DISTRICT RELIEF SOLD LEASE/BACK AGREEMENT BUY/BACK AGREEMENT WORKSTATIONS PAYMENTS MONEY SINKING FUND PURPOSES PERMANENT INJUNCTIONS |
U.S Securities and Exchange Commission
Litigation Release No. 16929 / March 9, 2001
Securities and Exchange Commission v. Global Telelink Services, Inc.,
Global Contact Corporation and Robert Smith III, Civil Action File No.
1 01-CV-0632 (N.D. Ga.) (Filed March 8, 2001)
The Securities and Exchange Commission ("Commission") announced that
the Honorable Marvin Shoob, United States District Judge for the
Northern District of Georgia, entered an Order of Preliminary
Injunction and other relief against Global Telelink Services, Inc.
("GTS"), Global Contact Corporation ("Global Contact") and Robert
Smith III ("Smith"). The Court's order appointed a Receiver for GTS
and Global Contact and froze the assets of all defendants. Without
admitting or denying the allegations of the complaint, GTS, Global
Contact and Smith consented to the entry of the preliminary injunction
and other relief. The Commission's complaint alleges that GTS, Global
Contact and Smith operated a Ponzi scheme that raised more than $10
million from more than 300 mostly elderly investors.
The Commission's complaint alleges that the GTS scheme was based upon
purported investments in customer owned, telephone gateway switches
offered and sold in units, involving a switch, lease/back agreement
and buy/back agreement, that constitute securities. The complaint
further alleges that the Global Contact scheme was based upon
purported investments in workstations in purported telephone call
centers, offered and sold in units, involving a call center
workstation, lease/back agreement and buy/back agreement, that
constitute securities. No registration statement was filed with the
Commission in connection with either of these securities. The
complaint alleges that GTS and Global Contact devised and controlled
both investments and directly made all payments to investors.
Investors were not told that GTS and Global Contact had no operating
revenues and that all payments to investors in either scheme were made
with money raised from subsequent investors. Nor were they told that
neither GTS nor Global Contact had operating revenues, that they were
both losing money and were both dependent on revenue from new
investors to sustain their operations. The complaint also alleges that
GTS had looted a sinking fund established to buy back the GTS switches
at the end of their lease terms in order to purchase a telephone call
center and to pay the operating expenses of GTS and Global Contact,
without telling GTS investors that the sinking fund was be used for
those purposes.
The complaint seeks permanent injunctions against defendants GTS,
Global Contact and Smith to prevent future violations of Sections
5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b)
SNIPPETS:
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