UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16377 / December 2, 1999
SEC V. OMNI INTERNATIONAL TRADING, INC., et al., D.Minn., CIVIL ACTION
NO. 97-2116, FILED SEPTEMBER 17, 1997.
The Commission announced the entries of Orders of Permanent Injunction
and other Equitable Relief against Michael A. Wilcox ("Wilcox") and
Scott A. Rude ("Rude") on November 30, 1999. Wilcox and Rude consented
to the entry of the orders without admitting or denying the
allegations of the Complaint. The orders were based on the
Commission's Complaint, which was filed on September 17, 1997 and
alleged that, from in or about January 1991 through in or about
February 1995, hereinafter referred to as the relevant time period,
Wilcox, Rude and the other defendants defrauded public investors
through the offer and sale of over $4 million in Omni International
Trading, Inc. ("Omni") securities. These securities were not
registered with the Commission. The Commission's Complaint also
alleged that throughout the relevant time period, Wilcox, Rude and the
other defendants, in connection with the offer and sale of these Omni
shares, made numerous misrepresentations and omitted to state material
facts regarding, among other things, Omni's future revenues, the use
of proceeds, the listing of Omni securities for trading on the
National Association of Securities Dealers Automated Quotations
system, a purported tender offer, the expected profit to be made on
the tender offer and the commissions to be earned. In addition, the
Commission's Complaint alleged that Rude and others acted as an
unregistered broker or dealer.
The Honorable David S. Doty of the U.S. District Court for the
District of Minnesota entered the orders enjoining Wilcox from future
violations of Section 17(a) of the Securities Act of 1933 ("Securities
Act"), Section 10(b) of the Securities Exchange Act of 1934 ("Exchange
Act") and Rule 10b-5 promulgated thereunder. The orders also enjoined
Rude from future violations of Sections 5(a), 5(c) and 17(a) of the
Securities Act, Sections 10(b), 15(a)(1) and 15(c) of the Exchange Act
and Rules 10b-5 and 15c1-2 promulgated thereunder. The orders also
found that Wilcox should pay disgorgement in the amount of $286,516
respectively, plus prejudgment interest, however, payment of all but
$80,000 was waived based on Wilcox's demonstrated inability to pay.
The orders further found that Rude should pay disgorgement in the
amount of $237,351, plus prejudgment interest, however, payment was
waived based on Rude's demonstrated inability to pay.
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Modified 12/06/1999
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Wilcox and Rude consented to the entry of the orders without admitting or denying the
The orders were based on the Commission's Complaint, which was filed on September 17, 1997
The Commission's Complaint also alleged that throughout the relevant time period, Wilcox,
to be made on the tender offer and the commissions to be earned.
the Commission's Complaint alleged that Rude and others acted as an unregistered broker or
The Honorable David S. Doty of the U.S. District Court for the District of Minnesota entered
The orders also enjoined Rude from future violations of Sections 5, 5and 17of the Securities
The orders also found that Wilcox should pay disgorgement in the amount of $286,516
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