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SEC v CHESTER HOLDINGS, LTD., et al Click to find out why . . .



Keywords & Phrases
CaseNo: LR-16084, CourtName: ENTERED ON FEBRUARY 22, 1999, AFTER THE COURT GRANTED THE, Defendant: Chester Holdings, Ltd., formerly named Aqua Buoy Corporation, Joseph Pignatiello, Constance Pignatiello and Christopher Werner, Plaintiff: SEC, State: NJ New Jersey, UniqueCaseRef: SEC>LR-16084, Pignatiellos, Aqua, Exchange Act, Aqua Buoy, Judgement, Securities, Commission, Joseph Pignatiello, Constance Pignatiello, Violating, Pay, Consent, Formerly Named Aqua, Christopher Werner, Disgorgement, Prejudgment, Officer, Complaint, Financial Condition, Misleading Statements, Acquisitions, Serving, Sold, Aqua Buoy Stock, Entry, Admitting, Denying, Allegations, Antifraud Provisions , ContentID: 120242028

Case Documents
1 1999-03-11 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 105121
2 pages
TXT
Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
AQUA
EXCHANGE ACT
AQUA BUOY
JUDGEMENT
SECURITIES
COURT
COMMISSION
JOSEPH PIGNATIELLO
CONSTANCE PIGNATIELLO
VIOLATING
PAY
CONSENT
FORMERLY NAMED AQUA
CHRISTOPHER WERNER
DISGORGEMENT
PREJUDGMENT
OFFICER
COMPLAINT
FINANCIAL CONDITION
MISLEADING STATEMENTS
ACQUISITIONS
SERVING
SOLD
AQUA BUOY STOCK
ENTRY
ADMITTING
DENYING
ALLEGATIONS
ANTIFRAUD PROVISIONS
                  UNITED STATES SECURITIES AND EXCHANGE COMMISSION

          Litigation Release No. 16084 \ March 11, 1999


          SECURITIES AND EXCHANGE COMMISSION v. CHESTER HOLDINGS, LTD.,
          formerly named AQUA BUOY CORPORATION, JOSEPH PIGNATIELLO,
          CONSTANCE PIGNATIELLO, and CHRISTOPHER WERNER, 97 Civ. 1654
          (D.N.J.) (MTB)


          The Commission announced that the United States District Court
          for the District of New Jersey issued a final judgment against
          defendants Joseph and Constance Pignatiello (the "Pignatiellos")
          and:  (1) permanently enjoined the Pignatiellos from violating
          the federal securities laws; (2) ordered the Pignatiellos to pay
          disgorgement of $2,106,185.14 and to pay prejudgment interest of
          $1,398,641.98; (3) permanently enjoined Joseph Pignatiello from
          serving as an officer or director of a public company; and (4)
          enjoined Constance Pignatiello from serving as an officer or
          director of a public company for five years.  Judgment was
          entered on February 22, 1999, after the Court granted the
          Commission’s motion for summary judgment.

          In the complaint, the Commission alleged that Chester Holdings,
          Ltd., formerly named Aqua Buoy Corporation (the "Company" or
          "Aqua Buoy"), and the Pignatiellos and Christopher Werner
          ("Werner"), three of Aqua Buoy’s former officers and directors,
          made false public statements concerning the Company’s financial
          condition and sold their own Aqua Buoy stock at inflated prices.
          Between March 1991 and October 1992, the Pignatiellos made
          materially false and misleading statements in press releases and
          Commission filings concerning five significant acquisitions by
          Aqua Buoy.  Through their false and misleading statements, the
          Pignatiellos overstated the value of the consideration paid by
          Aqua Buoy for the acquisitions and overstated Aqua Buoy's assets
          and shareholders' equity in its financial statements.  For
          example, the Pignatiellos overstated the value of Lord Jeff
          Knitting Company, Ltd., one of Aqua Buoy’s acquisitions, by
          $9,188,000.  The Pignatiellos obtained over $2.1 million in
          illicit profits when they sold 1,320,107 shares of Aqua Buoy
          stock that they owned while misleading the investing public about
          Aqua Buoy’s true financial condition.

          The Court found that the Pignatiellos violated Section 17(a) of
          the Securities Act of 1933, Section 10(b) of the Securities
          Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder,
          and Section 20(a) of the Exchange Act.  Previously, on August 8,
          1997, the Court entered a final judgment by consent against Aqua
SNIPPETS:
  • UNITED STATES SECURITIES AND EXCHANGE COMMISSION
  • SECURITIES AND EXCHANGE COMMISSION v. CHESTER HOLDINGS, LTD., formerly named AQUA BUOY
  • The Commission announced that the United States District Court for the District of New Jersey enjoined Constance Pignatiello from serving as an officer or director of a public company for five
  • Judgment was entered on February 22, 1999, after the Court granted the Commission’s motion
  • Between March 1991 and October 1992, the Pignatiellos made materially false and misleading
  • The Pignatiellos obtained over $2.1 million in illicit profits when they sold 1,320,107
  • The Court found that the Pignatiellos violated Section 17of the Securities Act of 1933,
  • Previously, on August 8, 1997, the Court entered a final judgment by consent against Aqua
  • Also, on October 8, 1998, the Court entered a final judgment by consent against Werner, who
  • Payment of the disgorgement and prejudgment interest was waived, and the Court did not impose
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