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SEC v ERICK A. GRAY Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40169, Defendant: Erick A. Gray, Plaintiff: SEC, UniqueCaseRef: SEC>34-40169, Gray, Novatek, Exchange Act, Commission, William Trainor, Agreement, Pursuant, Securities, Fiocruz, Violations, Vincent Celentano, America, Universal Healthwatch, Medical Diagnostic Test, Diagnostic Test Kits, South American, Correction, Brazil, Mou, Contracts, Negotiations, Joint Venture, Manufacturer, Material Contingencies, Oxman, Thereunder, Columbia, Maryland, President, Public Shareholders , ContentID: 120245234

Case Documents
1 1998-07-06 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111973
5 pages
TXT
Total Documents: 1 document , 5 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
NOVATEK
EXCHANGE ACT
COMMISSION
WILLIAM TRAINOR
AGREEMENT
PURSUANT
SECURITIES
FIOCRUZ
VIOLATIONS
VINCENT CELENTANO
AMERICA
UNIVERSAL HEALTHWATCH
MEDICAL DIAGNOSTIC TEST
DIAGNOSTIC TEST KITS
SOUTH AMERICAN
CORRECTION
BRAZIL
MOU
CONTRACTS
NEGOTIATIONS
JOINT VENTURE
MANUFACTURER
MATERIAL CONTINGENCIES
OXMAN
THEREUNDER
COLUMBIA
MARYLAND
PRESIDENT
PUBLIC SHAREHOLDERS
                              UNITED STATES OF AMERICA
                                      Before the
                          SECURITIES AND EXCHANGE COMMISSION


          SECURITIES EXCHANGE ACT OF 1934
          Release No.   40169 / July 6, 1998

          ADMINISTRATIVE PROCEEDING
          File No.  3-9641

          _____________________________
                                       :
          In the Matter of             :ORDER INSTITUTING PROCEEDINGS
                                       :PURSUANT TO SECTION 21C OF THE
          Erick A. Gray,               :SECURITIES EXCHANGE ACT OF 1934,
                                       :MAKING FINDINGS AND ORDERING
              Respondent.              :RESPONDENT TO CEASE AND DESIST
                                       :
          _____________________________:

                                          I.

          The  Securities  and  Exchange Commission ("Commission") deems it
          appropriate and in the  public  interest that proceedings be, and
          they  hereby  are, instituted pursuant  to  Section  21C  of  the
          Securities Exchange  Act  of  1934  ("Exchange Act") to determine
          whether  Erick  A.  Gray ("Gray") caused  violations  by  Novatek
          International, Inc. ("Novatek")  of Section 10(b) of the Exchange
          Act and Rule 10b-5 thereunder.


                                         II.

          In  anticipation  of  the  institution  of  these  administrative
          proceedings,  Gray has submitted  an  Offer  of  Settlement  (the
          "Offer") which  the  Commission  has determined to accept.  Under
          the terms of the Offer, Gray, solely  for  the  purpose  of these
          proceedings  and any other proceeding brought by or on behalf  of
          the Commission  or in which the Commission is a party, prior to a
          hearing pursuant  to  the  Commission's  Rules  of  Practice  and
          without  admitting  or  denying  the  matters  set  forth herein,
          consents  to  the  issuance  of the Order Instituting Proceedings
          Pursuant to Section 21C of the  Securities  Exchange Act of 1934,
          Making Findings and Ordering Respondent to Cease  and Desist (the
          "Order").


SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • The Securities and Exchange Commission deems it appropriate and in the public interest that
  • In anticipation of the institution of these administrative proceedings, Gray has submitted an
  • Under the terms of the Offer, Gray, solely for the purpose of these proceedings and any other Desist.
  • Vincent Celentano hired Gray as the president and CEO of Universal HealthWatch, Inc. at the
  • Novatek International, Inc. is a Colorado corporation whose principal office was located in
  • Novatek purportedly markets and distributes rapid medical diagnostic test kits in South and
  • On October 28, 1996, Novatek filed a voluntary petition for protection pursuant to Chapter 11
  • Universal purportedly manufactures rapid medical diagnostic test kits for the detection of
  • Novatek issued a series of press releases falsely stating that it had entered into contracts
  • Gray also participated in negotiations with one or more of these South American entities and
  • Novatek's Commission filings and publicly disseminated press releases identified Universal as
  • Gray and others traveled to Brazil and participated in the negotiations with the Oswaldo Cruz
  • Following the discussions with Fiocruz officials, Trainor was involved in drafting an
  • The MOU did not set forth such important details as dates on which manufacturing and
  • The MOU also contained certain material contingencies, such as the requirement that test
  • Upon reading the press release, Gray sent a memorandum to Novatek's president, Gaston Oxman,
  • Gray also spoke with Oxman and told Oxman that he should find out what happened and make a
  • Gray, therefore, caused Novatek's violations of Section 10of the Exchange Act and Rule 10b-5
  • Accordingly, IT IS HEREBY ORDERED, pursuant to Section 21C of the Exchange Act that Gray
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