United States Securities and Exchange Commission
Litigation Release No. 16396 / December 29, 1999
SECURITIES AND EXCHANGE COMMISSION v. FRED CARTER AND WENDELL CARTER,
U.S. District Court for the District of Columbia, Civil Action No.
99-02848 (D.D.C. October 27, 1999) (PLF).
SEC SUES FRED CARTER AND WENDELL CARTER FOR FRAUDULENTLY SELLING
SECURITIES OF INTERNET TELEPHONY COMPANY TO WASHINGTON, D.C. AREA
RESIDENTS
On October 27, 1999, the Securities and Exchange Commission filed
securities fraud charges against Fred Carter, president and chief
executive officer of American Telephone and Telecommunications
Corporation (ATTC), a District of Columbia corporation purportedly set
up to establish a long distance telephone service using Internet
telephony technology, and Wendell Carter, ATTC's vice president of
corporate sales. The complaint, filed in the United States District
Court in the District of Columbia, alleges the defendants violated the
antifraud provisions of the federal securities laws, 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 selling to the public ATTC stock and joint venture
interests in a series of fraudulent offerings targeted mainly to
Washington, D.C. area residents.
The complaint alleges that from October 1996 through October 1997,
Fred Carter and Wendell Carter, who are unrelated to each other, made
material misrepresentations and omissions in promotional mailings and
seminars used to induce people to invest in ATTC. According to the
complaint, the defendants falsely claimed, among other things, to have
designed a revolutionary technology for routing phone calls using the
Internet, that ATTC's stock price would at least triple within one
year, and that ATTC had a strategic alliance with an Internet
telephony product manufacturer that would help ATTC implement its
telephone service. In fact, the complaint alleges, ATTC did not design
any technology, but merely purchased Internet telephony products for
use in investor demonstrations. In addition, there was no reasonable
basis for ATTC's financial projections and there existed no alliance
with an Internet telephony product manufacturer.
The complaint further alleges that the defendants failed to disclose
to investors, among other things, that, in 1989, Fred Carter was
convicted of securities fraud in California for making similar
misrepresentations about a computer technology company he owned. Fred
Carter has been the subject of an outstanding arrest warrant since
1991 arising from that conviction. In addition, investors were not
SNIPPETS:
United States Securities and Exchange Commission
SECURITIES AND EXCHANGE COMMISSION v. FRED CARTER AND WENDELL CARTER, U.S. District Court for
SEC SUES FRED CARTER AND WENDELL CARTER FOR FRAUDULENTLY SELLING SECURITIES OF INTERNET
On October 27, 1999, the Securities and Exchange Commission filed securities fraud charges
The complaint, filed in the United States District Court in the District of Columbia, alleges
The complaint alleges that from October 1996 through October 1997, Fred Carter and Wendell
According to the complaint, the defendants falsely claimed, among other things, to have
In fact, the complaint alleges, ATTC did not design any technology, but merely purchased
The complaint further alleges that the defendants failed to disclose to investors, among
Fred Carter has been the subject of an outstanding arrest warrant since 1991 arising from
The Commission's action seeks a permanent injunction enjoining the defendants from future
the Commission seeks an order permanently barring Fred Carter from serving as an officer or
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