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SEC v ELECTRO-OPTICAL SYSTEMS, CORP Click to find out why . . .



Keywords & Phrases
CaseNo: LR-15715, CourtCode: DIS, CourtName: DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ENTERED, Defendant: Electro-Optical Systems, Corp., Plaintiff: SEC, State: NY New York, UniqueCaseRef: SEC>LR-15715, Securities, Violations, Judge Cote, Preliminary Injunction, Commission, Eosc, Cavanagh, Chachas, Levy, Securities Act, United States, Exchange Commission, Thomas, Trading, District, Scheme, Stock, Proceeds, Investor, Fraud, Profits, Requiring, Relief Defendants, Fraudulent, Accounts, Showing, Antifraud, Registration Provisions , ContentID: 120242354

Case Documents
1 1998-04-22 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 105447
2 pages
TXT
Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
SECURITIES
VIOLATIONS
JUDGE COTE
PRELIMINARY INJUNCTION
COMMISSION
COURT
EOSC
CAVANAGH
CHACHAS
LEVY
SECURITIES ACT
UNITED STATES
EXCHANGE COMMISSION
THOMAS
TRADING
DISTRICT
SCHEME
STOCK
PROCEEDS
INVESTOR
FRAUD
PROFITS
REQUIRING
RELIEF DEFENDANTS
FRAUDULENT
ACCOUNTS
SHOWING
ANTIFRAUD
REGISTRATION PROVISIONS
             UNITED STATES SECURITIES AND EXCHANGE COMMISSION

             Litigation Release No.  15715  / April 21, 1998

             SECURITIES AND EXCHANGE COMMISSION V. THOMAS EDWARD
             CAVANAGH, U.S. MILESTONE, ELECTRO-OPTICAL SYSTEMS CORP.,
             GEORGE CHACHAS, THOMAS R. BROOKSBANK, WILLIAM N. LEVY,
             OPTIMUM FUND, AGIRA TRADING, CUSTOMER SAFETY, S.L.,
             CAMBIARES, S.L., CONSTRUCCIONES SOLARIEGAS, S.L., THOMAS A.
             HANTGES, COSIMO TACOPINO, ET AL., 98 Civil Action No. 1818
             (S.D.N.Y.)

             On April 20, 1998, Judge Denise Cote of the United States
             District Court for the Southern District of New York entered
             a preliminary injunction prohibiting future violations of
             Sections 5 and 17(a) of the Securities Act of 1933 and
             Section 10(b) of the Securities Exchange Act of 1934 by the
             primary perpetrators of  a market manipulation scheme in the
             stock of Electro-Optical Systems, Corp. ("EOSC").  Judge
             Cote also extended the asset freeze, initially ordered on
             March 13, as to all proceeds from the defendants' sales of
             EOSC shares as well as to any shares of EOSC that remain in
             their custody or control.  In a 122-page opinion, Judge Cote
             noted that the case "concerns a scheme through which the
             defendants reaped millions of dollars in profits at the
             expense of the American investor by creating active trading
             in the United States securities market without making the
             disclosures that were required for the benefit of the
             investing public by the Securities Act of 1933."

             On March 13, 1998, the Commission filed a complaint alleging
             that the defendants defrauded primarily small, on-line
             investors of at least $5 million over the course of the
             scheme, the profits of which allegedly were distributed
             among the 13 defendants and 19 relief defendants.  On the
             same day, Judge Cote issued a temporary restraining order
             which ordered the defendants to cease their fraudulent
             activities and froze the assets of the defendants and the
             accounts of the relief defendants that contained EOSC stock
             or the proceeds from sales of the stock.  On March 13 the
             Commission also suspended over-the-counter trading of the
             securities of EOSC for a single ten-day period.

             In her April 20 ruling, Judge Cote found that defendant
             Cavanagh was the mastermind and a central figure in the
             fraud who controlled various nominee accounts through which
             the fraudulent trades were made.  Hence, the Commission made
             a proper showing that defendants Cavanagh, Milestone,
             Customer Safety, Cambiares, Construcciones, and Chachas
SNIPPETS:
  • UNITED STATES SECURITIES AND EXCHANGE COMMISSION
  • SECURITIES AND EXCHANGE COMMISSION V. THOMAS EDWARD
  • CAVANAGH, U.S. MILESTONE, ELECTRO-OPTICAL SYSTEMS CORP.,
  • OPTIMUM FUND, AGIRA TRADING, CUSTOMER SAFETY, S.L.,
  • On April 20, 1998, Judge Denise Cote of the United States
  • District Court for the Southern District of New York entered
  • primary perpetrators of a market manipulation scheme in the
  • stock of Electro-Optical Systems, Corp..
  • EOSC shares as well as to any shares of EOSC that remain in
  • In a 122-page opinion, Judge Cote
  • defendants reaped millions of dollars in profits at the
  • expense of the American investor by creating active trading
  • investing public by the Securities Act of 1933."
  • among the 13 defendants and 19 relief defendants.
  • accounts of the relief defendants that contained EOSC stock
  • or the proceeds from sales of the stock.
  • the fraudulent trades were made.
  • Customer Safety, Cambiares, Construcciones, and Chachas
  • proceeds plus penalties for their violations.
  • but based the preliminary injunction against
  • Chachas on his violation of the registration provisions
  • fraud, the Court concluded on the evidence available at this
  • Judge Cote also found that Brooksbank, Hantges, Levy,
  • the Commission's showing of a likelihood of repetition.
  • preliminary injunction based on antifraud and registration
  • while requiring the company regularly to
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