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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
INTERNET COMMISSION SCHILLING EXCHANGE ACT ANALYST REPORTS STOCK INTERNET FRAUD SECURITIES FALSE FINANCIAL PROJECTIONS COMPLAINT WEBSITE CEASE-AND-DESIST ORDER VIOLATING CIVIL DISTRICT ARIZONA PRICE HYPERLINKS INVESTOR PAY COMMON STOCK ADMITTING DENYING THEREUNDER INTERNET FRAUD SWEEP INTERNET INVESTMENT SCHEMES REPORT SUSPICIOUS ACTIVITY ENFORCEMENT ACTIONS |
U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 16914 / February 28, 2001
, Civil Action No. 01-0382 PHX-EHC (D. Ariz.)
Today, the Securities and Exchange Commission ("Commission") sued
Kenneth W. Schilling ("Schilling") in U.S. District Court for the
District of Arizona, charging that Schilling disseminated false
revenue and stock price projections on the Internet for iBIZ
Technology Corp. ("iBIZ") a Florida computer company headquartered in
Phoenix, Arizona.
In the Complaint, the Commission alleged that Schilling, president of
iBIZ, provided false financial projections to a purported analyst for
research reports recommending the purchase of iBIZ stock. The
Complaint also stated that from February 1999 through June 1999,
Schilling placed 17 press releases on iBIZ's website which contained
direct hyperlinks to the analyst reports. As late as February 2000,
iBIZ maintained press releases on its website which referenced and
contained hyperlinks to the analyst reports. The Commission further
alleged that in a February 19, 1999 press release, iBIZ characterized
the analyst as "independent" even though iBIZ, through its investor
relations firm, had agreed to pay the analyst 200,000 shares of iBIZ
common stock for the report. Schilling reviewed and approved the press
releases posted on iBIZ's website. The Commission alleged that the
false financial projections which appeared on the Internet fueled a
rise in both the price and the trading volume of iBIZ's common stock.
Simultaneous with the filing of the complaint, Schilling without
admitting or denying the Commission's allegations against him to the
entry of an Order enjoining him from violating Section 10(b) of the
Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5
thereunder and ordering him to pay a civil penalty of $20,000.
In a related action, the Commission today issued a cease-and-desist
order against iBIZ from committing or causing any violation or any
future violations of Section 10(b) of the Exchange Act and Rule 10b-5
thereunder. iBIZ consented to the cease-and-desist order without
admitting or denying any of the Commission's findings. For more
information, see Release No. 34-44022.
This action is brought as part of the SEC's Fifth Internet Fraud
Sweep. For tips on how to avoid Internet investment schemes, visit .
For more information about Internet fraud, visit . To report
suspicious activity involving possible Internet fraud, visit . For a
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