SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17183 / October 12, 2001
Securities and Exchange Commission v. 21^st Century Satellite
Communications, Inc., Robert Byrch and Spencer Tyrrell, No.8
01CV1875-T-30TGW (M.D. Fla., Tampa Division) (filed September 28,
2001).
The Securities and Exchange Commission (SEC) announced that on
September 28, 2001, it filed a civil complaint against 21^st Century
Satellite Communications, Inc. (21^st Century) for engaging in the
fraudulent and unregistered sale of approximately $23 million in
securities to investors nationwide. The complaint also named as
defendants two senior officers of 21^st Century, Robert S. Byrch and
Spencer G. Tyrrell. Simultaneously, and without admitting or denying
the allegations against them, 21^st Century, Byrch and Tyrrell settled
the cases against them by agreeing to permanent injunctions and other
relief.
According to the complaint, between 1997 and September 2000, 21^st
Century sold approximately $23 million worth of promissory notes and
purchase-leaseback agreements to more than 700 investors across the
country. The company purported to sell the notes in order to purchase
satellite television equipment that the company would use to install,
maintain, and service private satellite television systems for closed
communities throughout northern and central Florida. 21^st Century's
offering materials claimed that the investments were fully secured by
the value of the equipment purchased with the investors' funds. In
fact, the investments were not fully secured; in addition, the company
used approximately $6.1 million of investors' funds to pay undisclosed
commissions to the sales agents who sold the securities. Most of these
sales agents were independent insurance agents located in Florida and
other parts of the United States, who sold the investments to their
clients.
In September 2000, 21^st Century defaulted on its promissory note
payments, and the company filed voluntarily for reorganization under
Chapter 11 of the United States Bankruptcy Code on May 8, 2001.
Without admitting or denying any of the allegations in the SEC's
complaint, 21^st Century, Byrch and Tyrrell agreed to settle the
charges by consenting to the entry of permanent injunctive relief from
further violations of the securities registration and antifraud
provisions of the federal securities laws, specifically 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. In
addition, 21^st Century consented to disgorge $6,110,736, representing
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
Securities and Exchange Commission v. 21^st Century Satellite Communications, Inc., Robert
The Securities and Exchange Commission announced that on September 28, 2001, it filed a civil
The complaint also named as defendants two senior officers of 21^st Century, Robert S. Byrch
Simultaneously, and without admitting or denying the allegations against them, 21^st Century,
According to the complaint, between 1997 and September 2000, 21^st Century sold approximately
The company purported to sell the notes in order to purchase satellite television equipment
In fact, the investments were not fully secured; in addition, the company used approximately
Most of these sales agents were independent insurance agents located in Florida and other
In September 2000, 21^st Century defaulted on its promissory note payments, and the company
Without admitting or denying any of the allegations in the SEC's complaint, 21^st Century,
Finally, Byrch agreed to pay civil money penalties of $25,000, with the civil money penalties
For more information about promissory note fraud,
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