SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 16097 / March 30, 1999
SECURITIES AND EXCHANGE COMMISSION v. JOSEPH DIMAURO, STEPHEN
DILORENZO, MUJAHID BASHIR AND JOEL PENSLEY, No. 98 Civ. 6349
(LAP) (S.D.N.Y.)
MICROCAP COMPANY PRINCIPAL OFFICER
AND DIRECTOR SETTLES FRAUD CASE
The Commission today announced a settlement with the
remaining defendant, Mujahid Bashir ("Bashir"), in a microcap
fraud action filed in the United States District Court for the
Southern District of New York on September 9, 1998. Without
admitting or denying any of the allegations in the Complaint
except as to jurisdiction, Bashir, former principal officer
and director of Visual Cybernetics Corp. ("Visual
Cybernetics"), a microcap, start-up company, consented to a
final judgment that enjoins him from violating the antifraud
and other provisions of the federal securities laws, bars him
from acting as an officer or director of a public company, and
orders him to disgorge his ill-gotten gains, plus prejudgment
interest thereon, but, based on his demonstrated inability to
pay, waives such disgorgement and does not impose civil
penalties.
The Complaint alleged that Bashir misappropriated $80,000
from Visual Cybernetics above the amounts to which he was
entitled under his employment agreement. To hide the
misappropriations, Bashir signed Visual Cybernetics filings
that he knew misrepresented and omitted information about the
amount of money that he received.
The final judgment as to Bashir (a) permanently enjoins
him from future violations of Sections 10(b) and 13(a) of the
Exchange Act of 1934 ("Exchange Act") and Exchange Act Rules
10b-5, 12b-20, 13a-1, and 13a-13; (b) bars him from acting as
an officer or director of any issuer that has a class of
securities registered pursuant to Section 12 of the Exchange
Act or that is required to file reports pursuant to Section
15(d) of the Exchange Act; and (c) orders him to disgorge his
ill-gotten gains, plus prejudgment interest thereon, but,
based on his demonstrated inability to pay, waives such
disgorgement and does not impose civil penalties.
The civil action that Bashir settled also was brought
against three other individuals, two Visual Cybernetics
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. JOSEPH DIMAURO, STEPHEN DILORENZO, MUJAHID BASHIR AND
MICROCAP COMPANY PRINCIPAL OFFICER
AND DIRECTOR SETTLES FRAUD CASE
The Commission today announced a settlement with the remaining defendant, Mujahid Bashir, in
Without admitting or denying any of the allegations in the Complaint except as to
on his demonstrated inability to pay, waives such disgorgement and does not impose civil penalties.
The Complaint alleged that Bashir misappropriated $80,000 from Visual Cybernetics above the
To hide the misappropriations, Bashir signed Visual Cybernetics filings that he knew
The final judgment as to Bashir permanently enjoins him from future violations of Sections
10b-5, 12b-20, 13a-1, and 13a-13; bars him from acting as an officer or director of any
See Litigation Release Nos.
The Commission also brought enforcement actions against Visual Cybernetics’ auditors that
This Enforcement action is part of the Commission’s fourpronged approach to minimizing
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