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SEC ADMINISTRATIVE PROCEEDING
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EXTRACTED KEY WORDS
SECURITIES STOCK ALLEGES COMPLAINT PRICE EXCHANGE COMMISSION ADMINISTRATIVE PROCEEDING FASTLANE SECURITIES EXCHANGE ACT DISTRICT COURT UNITED STATES INSTITUTING LAMBERT OFFERING FOOTWEAR SALE ARTIFICIAL DEMAND ACCOUNTS SHARES INVESTORS INFLATE NOMINEE ALLEGATIONS AFFORD RESPONDENT DEFENSE THERETO PURPOSE REMEDIAL ACTION |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 42923 / June 13, 2000
ADMINISTRATIVE PROCEEDING
File No. 3-10223
ADMINISTRATIVE PROCEEDING INSTITUTED AGAINST LAMBERT D. VANDER TUIG
The Securities and Exchange Commission ("Commission") announced that
on June 13, 2000, it issued an Order Instituting Public Administrative
Proceeding (Order) against Lambert D. Vander Tuig (Vander Tuig). The
Commission's Order alleges that Vander Tuig was enjoined by a United
States District Court from future violations of Sections 5(a), 5(c)
and 17(a) of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and that
the court also ordered Vander Tuig to pay $61,305 in disgorgement and
imposed $61,305 in civil penalties against Vander Tuig.
In its complaint in the District Court action, the Commission alleged
that between December 1995 and September 1996, Vander Tuig engaged in
an unregistered offering of the stock of Fastlane Footwear, Inc.
(Fastlane), a manufacturer of casual footwear based in Jackson,
Michigan. The Commission's complaint also alleges that between June
26, 1996 and July 8, 1996, Vander Tuig manipulated Fastlane's stock,
artificially raising the price of the security 56% from its initial
sale price of $3.12 per share to $4.88 per share by controlling the
supply for the security and creating artificial demand. According to
the complaint, Vander Tuig accounted for over 96% of the shares of
Fastlane stock sold during the relevant period. To create artificial
demand, the complaint alleged that Vander Tuig falsely represented to
investors that they were purchasing stock in the aftermarket of an
initial public offering. Furthermore, the complaint alleges that to
inflate the price of the stock and create artificial volume, Vander
Tuig used nominee accounts to engage in fraudulent wash sale
transactions. Finally, after inflating the price of Fastlane stock,
the complaint alleges that Vander Tuig dumped the stock, causing his
nominees to sell the bulk of their shares to retail investors after
which the price of the security plummeted, reaching its 52-week low of
$1.25 per share on October 30, 1996.
A hearing will be scheduled before an administrative law judge to take
evidence on the staff's allegations and to afford the Respondent an
opportunity to present any defense thereto. The purpose of the hearing
is to determine whether the allegations are true and, if so, whether
any remedial action should be ordered by the Commission.
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