SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16925 / March 8, 2001
SEC v. Yun Soo Oh Park and Tokyo Joe's Societe Anonyme Corp., N.D.
Ill., Civil No. 00-C-0049, filed January 5, 2000
On March 8, 2001, the Securities and Exchange Commission filed a
Consent and Stipulation ("Consent") and a proposed Final Order and
Judgment of Permanent Injunction ("Final Order") that settle the
enforcement action brought by the Commission against Defendants Yun
Soo Oh Park ("Park"), a self-proclaimed Internet stock-picking guru,
and Tokyo Joe's Societe Anonyme Corp. ("Societe Anonyme"), the company
through which Park operates an Internet web site. The Commission's
enforcement action is pending in the United States District Court for
the Northern District of Illinois before the Hon. Charles P. Kocoras,
who entered the Final Order on March 8th. (SEC v. Yun Soo Oh Park, et
al., N.D. Ill., Case No. 00-C-0049). The Final Order permanently
enjoins Park and Societe Anonyme from violating the antifraud and
other provisions of the federal securities laws, orders Park and
Societe Anonyme to pay $324,934 in ill-gotten gains and $429,696 in
civil penalties, for a total monetary payment of $754,630. Park and
Societe Anonyme also agreed to post a hyperlink to the Final Order on
the home page of Park's Tokyo Joe web site for a period of thirty
days.
In its Complaint, filed in January 2000, the Commission alleged that
Park operated an Internet web site through which members of Societe
Anonyme, who paid a monthly fee to join Societe Anonyme, received
stock recommendations and other investment advice from Park. The
Commission charged that Park defrauded members of Societe Anonyme by
failing to disclose that, in several instances, he had already
purchased shares of the stock that he was recommending and that he
planned to sell his shares into the buying flurry and subsequent price
rise that followed his recommendations, an illegal practice known as
scalping. The Commission also charged that Park touted one company to
members of Societe Anonyme and to the public without disclosing that
he had received shares of stock in the company in exchange for his
recommendation. Finally, the Commission charged that the past
performance results posted on Park's web site were materially false
and misleading.
Under the terms of the settlement, Park and Societe Anonyme, without
admitting or denying the allegations in the Commission's Complaint,
consent to the entry of the Final Order. The Final Order permanently
enjoins Park and Societe Anonyme from violating the antifraud
provisions of the Investment Advisers Act of 1940 ("Advisers Act")
(Sections 206(1) and 206(2)) and the Securities Exchange Act of 1934
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SEC v. Yun Soo Oh Park and Tokyo Joe's Societe Anonyme Corp., N.D. Ill., Civil No. 00-C-0049,
On March 8, 2001, the Securities and Exchange Commission filed a Consent and Stipulation and
The Commission's enforcement action is pending in the United States District Court for the
The Final Order permanently enjoins Park and Societe Anonyme from violating the antifraud and
Park and Societe Anonyme also agreed to post a hyperlink to the Final Order on the home page
In its Complaint, filed in January 2000, the Commission alleged that Park operated an
The Commission charged that Park defrauded members of Societe Anonyme by failing to disclose
Under the terms of the settlement, Park and Societe Anonyme, without admitting or denying the
The Final Order permanently enjoins Park and Societe Anonyme from violating the antifraud
The Final Order also imposes a civil penalty on Park and Societe Anonyme equal to the amount
Before submitting his settlement offer, Park moved to dismiss the Commission's Complaint,
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