Securities and Exchange Commission
Litigation Release No. 16336 / October 15, 1999
Securities and Exchange Commission v. Charles Richard Homa et al.,
U.S. District Court for the Southern District of New York, Civil
Action No. 99-Civ-10557 (S.D. N.Y.. October 15, 1999)
On October 15, 1999, the Securities and Exchange Commission filed a
Complaint in Federal District Court in New York, New York, to halt a
massive Ponzi Scheme that has allegedly raised approximately $300
million over several years. On the same day, Judge David N. Edelstein
of the U.S. District Court for the Southern District of New York
issued a Temporary Restraining Order, which included a prohibition
against violations of federal securities laws and an asset freeze,
against the defendants, including Richard Homa, a resident of Atlanta,
Georgia, Michael Gause of Fort Lauderdale, Florida, Bill J. Short, II,
a resident of Marco Island, Florida, Jimmy B. Roof, a resident of West
Columbia, South Carolina, Robert C. Ellenburg, a resident of Columbia,
South Carolina, Steven Shane Nichols, a resident of Aurora, Colorado,
Philip A. Sharpton, a resident of Stone Mountain, Georgia, Charles
Edward Dickerson, a resident of Franklin, Tennessee and their related
entities. The Complaint alleges that Gause and Homa stood at the top
of a multi-layered marketing scheme that sold notes and bonds as part
of a massive Ponzi scheme that may have raised as much as $300 million
since its inception . The Complaint further alleges that the
defendants violated the federal securities laws by making false claims
that the money they were raising would be used to fund loans to
companies engaged in the car title loan industry and the payday loan
industry. The Complaint alleges that many of the Defendants were told
that the funds would be loaned to Cash 4 Titles, a company operated by
Homa. The Complaint alleges that only a small fraction of the money
was used for its intended purpose. Instead, the Complaint alleges that
the defendants, after transferring the money to Cayman Islands
accounts, used the money to pay existing investors, pay commissions
and pay personal expenses.
The Complaint 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 (Exchange Act) and Rule 10b-5 thereunder. The
Complaint also alleges that defendants who sold the notes and bonds
acted as unregistered broker-dealers in violation of Section 15(a) of
the Exchange Act and also committed violations of Section 15(c) of the
Exchange Act and Rule 15c1-2 thereunder. As part of the relief
requested, Judge Edelstein issued a temporary restraining order
against the defendants prohibiting them from any further violations of
the federal securities laws and ordered an asset freeze. Judge
Edelstein also ordered a hearing for Monday October 18, 1999 at 11 00
SNIPPETS:
Securities and Exchange Commission v. Charles Richard Homa et al., U.S. District Court for
On October 15, 1999, the Securities and Exchange Commission filed a Complaint in Federal
The Complaint alleges that Gause and Homa stood at the top of a multi-layered marketing
The Complaint further alleges that the defendants violated the federal securities laws by
Instead, the Complaint alleges that the defendants, after transferring the money to Cayman
The Complaint alleges that the defendants violated Section 17of the Securities Act of 1933
The Complaint also alleges that defendants who sold the notes and bonds acted as unregistered
As part of the relief requested, Judge Edelstein issued a temporary restraining order against
On October 15, 1999, Michael Gause was arrested for his participation in the actions
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