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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
BROWN SECURITIES EXCHANGE COMMISSION CALVIN COURT ACT CIVIL PENALTY ENTERED JUDGMENTS SALE DEFENDANTS INVESTORS MICHAEL KIM JERRY AUBREY GARY JASON MCCRORY TAYLOR LOS ANGELES BROKERS STOCK CRUISES BRW LEASING PERMANENT FUTURE VIOLATIONS COMPLAINT ADMITTING DENYING ALLEGATIONS |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16091 / March 18, 1999
SECURITIES AND EXCHANGE COMMISSION v. Michael A. Todd, Kim J.
Brown, Jerry L. Aubrey, Gary Jason McCrory, Gary L. Cleverly,
Calvin J. Calvin, and Todd J. Taylor, Civil Action No. 98-6509 DT
(SHx)(C.D. Cal.)
The Securities and Exchange Commission announced that Judge
Dickran Tevrizian of the United States District Court in Los
Angeles entered judgments against Jerry L. Aubrey, Gary Jason
McCrory, Gary L. Cleverly, Calvin J. Calvin, and Todd J. Taylor.
The Court found that these five individuals had acted as brokers
in the sale of stock issued by two companies, Casino Cruises
Corp. and BRW Leasing Services, Inc. The Court further found
that the five defendants failed to register with the Commission
to act as brokers as required by federal law. Each defendant was
ordered to pay a civil penalty of $5,500 and permanently enjoined
from future violations of section 15(a)(1) of the Securities
Exchange Act, 15 U.S.C. § 78o(a)(1).
The Commission’s complaint asserts that two other
defendants, Michael A. Todd and Kim J. Brown, orchestrated the
sale of stock through a fraudulent scheme that promoted a
fictitious cruise ship, with gambling facilities, that would
operate between Los Angeles, San Diego and Ensenada, Mexico. The
sales campaign raised $908,000 from 120 investors. Contrary to
the representations made to investors, Todd and Brown took most
of the investor funds for themselves. Todd and Brown also hid
their own involvement in these businesses, claiming that other,
experienced individuals operated the companies. They also
falsely claimed that BRW Leasing shares would be quoted on
NASDAQ.
The Court previously entered judgment against Todd and Brown
imposing permanent injunctions against future violations of
Section 17(a) of the Securities Act of 1933, Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5, plus payment of
disgorgement and civil penalties. Todd and Brown consented to
the judgment without admitting or denying the allegations in the
complaint. Further proceedings against Todd and Brown are
scheduled.
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