U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16057 / February 11, 1999
SECURITIES AND EXCHANGE COMMISSION v. SATCOM, INC., SATCOM
MARKETING AND DISTRIBUTION, INC., TRICAP VENTURES, COASTAL
ENTERPRISES, LLOYD D. PAINE, SCOTT C. MESSIER AND LAWRENCE C.
HARVEY, Civil Action No. 99-CV 0234 IEG LAB (S.D. Cal.)
The Securities and Exchange Commission ("SEC") announced
that on February 10, 1999 it obtained a temporary restraining
order halting the operations of four San Diego entities that were
conducting a fraudulent investment scheme through which
approximately $3.1 million has been raised. Named in the
Complaint are SatCom, Inc. ("SatCom") SatCom Marketing and
Distribution, Inc. ("SMD"), Tricap Ventures ("Tricap"), and
Coastal Enterprises ("Coastal"), all located in San Diego,
California, and Lloyd D. Paine, age 53, of Jamul, California,
Scott C. Messier, age 35, of San Diego, and Lawrence C. Harvey,
age 38, also of San Diego. Paine is the president, CEO, and a
member of the board of directors of SatCom and a member of the
board of directors of SMD. Both Messier and Harvey are Chief
Financing Directors and members of the board of directors of
SatCom and SMD and executive advisors to Tricap and Coastal.
The Complaint alleges that from May 1997 through the
present, the defendants have raised approximately $3.1 million
from the offer and sale of common stock in SatCom and SMD to
about 150 investors nationwide. According to the Complaint the
defendants made material misrepresentations and omissions in
connection with the offer and sale of these securities. The
defendants represented that investor funds would be used to
develop, manufacture, market, and sell SatCom’s products, which
include a "reusable space launch vehicle," and that no investor
funds would be used for sales commissions in connection with the
sale of SatCom and SMD stock. Contrary to these representations,
the defendants misused investors’ funds by spending only
approximately 5% of investor funds on the stated purpose and
spending almost all of the remaining funds on undisclosed and
undetermined expenses, including sales commissions of 40% to
Tricap and Coastal, payments to Paine and his family of more than
$135,000, payment of more than $250,000 for the personal American
Express card of Paine’s wife (used in substantial part for
personal expenses of the Paine family), the purchase of a
Mercedes Benz automobile for the use of Paine’s wife, and
operating costs of the "boiler room" through which investors were
solicited.
The SEC obtained an order freezing the assets of the
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. SATCOM, INC., SATCOM
MARKETING AND DISTRIBUTION, INC., TRICAP VENTURES, COASTAL ENTERPRISES, LLOYD D. PAINE, SCOTT
The Securities and Exchange Commission announced that on February 10, 1999 it obtained a
Paine is the president, CEO, and a member of the board of directors of SatCom and a member of
Both Messier and Harvey are Chief Financing Directors and members of the board of directors
The Complaint alleges that from May 1997 through the present, the defendants have raised
The defendants represented that investor funds would be used to develop, manufacture, market,
Contrary to these representations, the defendants misused investors’ funds by spending only
of Paine’s wife, and operating costs of the "boiler room" through which investors were solicited.
1933 ("Securities Act"), the securities registration provisions, and Section 17of the
The Complaint seeks preliminary and permanent injunctions, disgorgement, and civil penalties
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