UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17182 / October 12, 2001
SECURITIES AND EXCHANGE COMMISSION V. GERARD CHIARELLA, INDIVIDUALLY
AND D/B/A FREEDOM IN 14 DAYS, WVM FINANCIAL GROUP, AND MINDA TRADING
GROUP, Civil Acition No. 3 01-CIV-2037-G, USDC, NORTHERN DISTRICT OF
TEXAS, DALLAS DIVISION
On October 10, 2001, the Commission filed a civil fraud action in
Dallas, Texas, against Gerard Chiarella in connection with a
fraudulent Internet investment scheme. The Commission's complaint
alleges that from February to July of this year, Chiarella used spam
e-mail and three websites to offer and sell investments in phony
"trading" programs, supposedly involving offshore banks. Promising
returns of up to 200% per week with no risk, Chiarella's offerings
defrauded approximately 325 investors throughout the United States of
over $82,000.
Gerard Chiarella, age 34, is a resident of Congers, New York.
Chiarella operated websites to offer investments under the names of
three fictitious entities "Freedom in 14 Days," "WVM Financial Group,"
and "Minda Trading Group."
According to the complaint, Chiarella's offerings appeared on Internet
websites and in spam email from at least February 5, 2001, to July 26,
2001. In each offering, Chiarella promised investors risk-free
returns, ranging from 100% to 200% per week, from secretive trading
programs involving unidentified offshore banks. In reality, these
trading programs did not exist, and none of Chiarella's fictitious
entities had any legitimate business operations from which to pay
investors. Indeed, Chiarella made no payments to investors and
converted investor funds to his own use.
In its complaint, the Commission alleged that Chiarella violated the
antifraud and the registration provisions of the federal securities
laws. Specifically, it is alleged that he violated Section 17(a) of
the Securities Act of 1933 (Securities Act), Section 10(b) of the
Securities Exchange Act of 1934, and Rule 10b-5 thereunder, as well as
Sections 5(a) and 5(c) of the Securities Act. The Commission seeks a
permanent injunction against Chiarella from future violations of the
foregoing provisions of the federal securities laws, an order
requiring him to disgorge all wrongfully obtained profits plus
prejudgment interest, and a civil money penalty. Simultaneously with
the filing of its action, the Commission announced that Chiarella had
agreed to a settlement in which he agreed to a permanent injunction
and the payment of disgorgement and a civil penalty in amounts to be
determined in further court proceedings.
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
On October 10, 2001, the Commission filed a civil fraud action in Dallas, Texas, against
The Commission's complaint alleges that from February to July of this year, Chiarella used
Promising returns of up to 200% per week with no risk, Chiarella's offerings defrauded
In each offering, Chiarella promised investors risk-free returns, ranging from 100% to 200%
In reality, these trading programs did not exist, and none of Chiarella's fictitious entities
Chiarella made no payments to investors and converted investor funds to his own use.
Specifically, it is alleged that he violated Section 17of the Securities Act of 1933, Section
The Commission seeks a permanent injunction against Chiarella from future violations of the
|