U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17199 / October 22, 2001
SECURITIES AND EXCHANGE COMMISSION v. TLC INVESTMENTS & TRADE CO., TLC
AMERICA, INC. dba BREA DEVELOPMENT COMPANY, TLC BROKERAGE, INC., dba
TLC MARKETING, TLC DEVELOPMENT, INC., TLC REAL PROPERTIES RLLP-1,
CLOUD & ASSOCIATES CONSULTING, INC., ERNEST F. COSSEY, GARY W.
WILLIAMS, AND THOMAS G. CLOUD, Civil Action No. SACV 00-960 DOC(MLGx)
(C.D. Cal.)
SALES AGENT AND SALES AGENT'S PRINCIPAL ENJOINED AND ORDERED TO PAY
OVER $1.1 MILLION IN DISGORGEMENT
The Securities and Exchange Commission ("Commission") announced that
on October 15, 2001, the Honorable David O. Carter, United States
District Judge for the Central District of California, entered an
Order Granting Plaintiff's Motion for Summary Judgment against Cloud &
Associates Consulting, Inc. ("Cloud & Associates"), a sales agent in a
$151.6 million real estate Ponzi scheme, and its CEO, Thomas G. Cloud
("Cloud"). The Court found that Cloud, through Cloud & Associates,
both of Atlanta, Georgia, recklessly repeated TLC's fraudulent
representations concerning an investment's security and profit
potential on Cloud & Associates' website, thereby giving the
misrepresentations Cloud & Associates' imprimatur of approval.
Further, the Court found that Cloud and Cloud & Associates made
additional independent fraudulent representations concerning Cloud's
due diligence and trustworthiness, the securities' soundness, and the
issuer's track record and failed to disclose Cloud's 1992 conviction
for conspiracy to commit tax fraud. The Court determined that
recklessly repeating the issuer's misrepresentations and making
additional material misrepresentations and an omission violated the
antifraud provisions of the securities laws Section 17(a) of the
Securities Act of 1933 and Section 10(b) of the Securities Act of
1934, and Rule 10b-5 thereunder. The Court also found that Cloud and
Cloud & Associates sold unregistered securities in violation of the
registration provisions of the securities laws Sections 5(a) and 5(c)
of the Securities Act of 1933. Accordingly, the Court permanently
enjoined Cloud and Cloud & Associates from further violations of these
registration and antifraud provisions of the securities laws and
ordered Cloud and Cloud & Associates to pay disgorgement in excess of
$1.1 million, prejudgment interest, and civil penalties.
Prior Litigation Releases dealing with this case and .
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Modified 10/23/2001
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. TLC INVESTMENTS & TRADE CO., TLC AMERICA, INC. dba BREA
TLC MARKETING, TLC DEVELOPMENT, INC., TLC REAL PROPERTIES RLLP-1, CLOUD & ASSOCIATES
SALES AGENT AND SALES AGENT'S PRINCIPAL ENJOINED AND ORDERED TO PAY OVER $1.1 MILLION IN
The Securities and Exchange Commission announced that on October 15, 2001, the Honorable
The Court found that Cloud, through Cloud & Associates, both of Atlanta, Georgia, recklessly
Further, the Court found that Cloud and Cloud & Associates made additional independent
The Court determined that recklessly repeating the issuer's misrepresentations and making
The Court also found that Cloud and Cloud & Associates sold unregistered securities in
Accordingly, the Court permanently enjoined Cloud and Cloud & Associates from further
Prior Litigation Releases dealing with this case and.
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