SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16382 / December 9, 1999
UNITED STATES V. AMERICO GALLO, U.S. District Court, S.D.N.Y.,
99-CR-1471 (DLC)
The Securities and Exchange Commission ("Commission") announced that
on December 3, 1999, United States District Judge Denise L. Cote
sentenced Americo R. Gallo ("Gallo") to a prison term of 41 months and
restitution to investors of $832,000. Gallo, a former registered
representative and resident of Brooklyn, New York, was prosecuted by
the Office of the United States Attorney for the Southern District of
New York. Gallo pleaded guilty to one count of conspiracy to commit
securities fraud in June 1999.
Gallo was prosecuted for some of the same conduct that underlies a
civil complaint filed by the Commission against Gallo, Sharon Harosh,
and three companies, Traderz Associates Holding Inc. ("Traderz
Associates"), Blackwell Co. ("Blackwell"), and Goldman Lender & Co.
Holdings ("Goldman Lender").
In its complaint, which was filed in October 1998, the Commission
alleges that Gallo, the president of Traderz Associates, defrauded
investors in connection with a purported private placement of stock of
Traderz Associates. The complaint alleges that Gallo solicited
investors and Gallo misrepresented to them, among other things, that
Traderz Associates' stock would be registered with the Commission and
publicly traded in a few months, at which time the stock price would
double or triple from the private placement price. The complaint
further alleges that Gallo misappropriated a significant portion of
the offering proceeds and gave other large sums to colleagues
soliciting investors to buy Traderz Associates stock.
The Commission's complaint also alleges that Harosh, or his agents,
made misrepresentations in soliciting investors to purchase the stock
of Blackwell and Goldman Lender that were similar to those made by
Gallo in the sale of Traderz Associates stock. A number of investors
who invested in Traderz Associates were later solicited to invest in
Blackwell or Goldman Lender, and investors received similar private
placement memoranda for the three companies.
The Commission's action, which alleges that the defendants violated
Section 17(a) of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 thereunder, remains
pending in the United States District Court for the Southern District
of New York. The Commission was previously granted an asset freeze for
funds collected from investors, a preliminary injunction, and the
SNIPPETS:
The Securities and Exchange Commission announced that on December 3, 1999, United States
Gallo, a former registered representative and resident of Brooklyn, New York, was prosecuted
Gallo was prosecuted for some of the same conduct that underlies a civil complaint filed by
In its complaint, which was filed in October 1998, the Commission alleges that Gallo, the
The complaint alleges that Gallo solicited investors and Gallo misrepresented to them, among
The complaint further alleges that Gallo misappropriated a significant portion of the
The Commission's complaint also alleges that Harosh, or his agents, made misrepresentations
The Commission's action, which alleges that the defendants violated Section 17of the
The Commission was previously granted an asset freeze for funds collected from investors, a
For further information about the Commission's action, see Litigation Release No. 15947.
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