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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
CRONOS PALATIN SECURITIES EXCHANGE COMMISSION VIOLATIONS ALLEGES MISREPRESENTATIONS DISCLOSE CONTROL TRANSACTIONS MATTER FRIEDBERG WEISSENBERGER CRONOS GROUP PROVISIONS FEDERAL SECURITIES LAWS FAIL PUBLIC STATEMENTS ACT DISTRICT CHAIRMAN CUSTOMER FUNDS FILINGS COMPLAINT PAYMENTS OFFERING LOAN IPO |
U.S. SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.
LITIGATION RELEASE NO. 16645 \ August 8, 2000
ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 1292
Securities and Exchange Commission v. Stefan M. Palatin, Civil Action
No. 1 00CV01909, USDC DC.
SECURITIES AND EXCHANGE COMMISSION SUES FORMER CHIEF EXECUTIVE OFFICER
OF THE CRONOS GROUP FOR VIOLATIONS OF ANTIFRAUD, BOOKS AND RECORDS,
AND INTERNAL CONTROL PROVISIONS
The Securities and Exchange Commission ("Commission") today filed a
civil injunctive action in the federal district court for the District
of Columbia against Stefan M. Palatin, the former chairman and CEO of
The Cronos Group. The Commission alleges that Palatin caused Cronos to
misrepresent or fail to disclose a series of transactions by which
Palatin obtained more than $10 million from Cronos or from a customer
of the company who owed the funds to Cronos. The Commission alleges
that as a consequence of Palatin's misconduct the company
misrepresented or failed to disclose the transactions in the company's
registration statement, public statements to shareholders, and in
filings with the Commission between 1995 and 1998. The complaint also
alleges that Palatin caused the transactions to be recorded
inaccurately in Cronos' books and records and he made and caused to be
made misrepresentations to the company's auditors. Cronos, a
Luxembourg holding company with its operational headquarters in
Orchard Lea, England, manages and owns marine cargo containers.
According to the complaint, Palatin caused Cronos to fail to disclose
that Palatin intercepted payments between Cronos and one of its major
customers (which Palatin also controlled); he caused Cronos to pay him
millions of dollars in the year before its initial public offering and
recorded the payments as a loan to a third party; and Palatin, through
another entity that he controlled, sold shares in Cronos' IPO. The
Commission also alleges that, following the IPO, Palatin caused Cronos
to fail to disclose that it paid additional funds to him immediately
after the offering. The Commission further alleges that Palatin
pledged collateral he did not won to secure a loan from the company
and he caused the company to make misrepresentations concerning the
collateral. The Commission also alleges that Palatin controlled the
company's disclosures and was the beneficiary of the transactions that
the company misrepresented in its filings and public statements.
The Commission seeks an order permanently enjoining Palatin from
violating Section 17(a) of the Securities Act, Sections 10(b), 13(a),
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