SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17178 / OCTOBER 11, 2001
SEC SUES TWENTY-SIX ENTITIES AND INDIVIDUALS IN $30 MILLION MARKET
MANIPULATION SCHEME
The Securities and Exchange Commission announced today that it filed a
complaint in the federal District Court for the Southern District of
New York against WAMEX Holdings, Inc. ("WAMX"), a New York-based
company with purported plans to operate an Alternative Trading System
("ATS"); Mitchell H. Cushing, WAMX's former CEO; Russell A. Chimenti,
Jr., WAMX's former Chief Administrative Officer; Edward A. Durante, a
stock promoter residing in Gardiner, New York; Roger M. DeTrano, a
consultant hired by WAMX; Trevor Koenig, a former broker residing in
British Columbia, Canada; Charles R. Eisenstein, of Brooklyn, New
York; Alfred Peeper, a resident of Spain; Eugene C. Geiger, a former
broker residing in Colorado; Heartland Capital ("Heartland"), a
California-based investment firm; Scott Cameron, the owner of
Heartland, residing in British Columbia, Canada; Roger H. Chlowitz,
David Weiss, and Bruce M. Millstein, all of whom are California
residents and former employees of Heartland; and certain foreign
entities that were either involved in, or received proceeds from, the
fraudulent scheme.
The Commission's Complaint alleges that from December 1999 through
June 2000, the Defendants engaged in a market-manipulation scheme
which drove WAMX's stock price from $1.375 per share to an all-time
high of $19.50 per share. The complaint alleges that as a result of
this scheme, WAMX's market capitalization grew from $250,000 to over
$185 million, allowing Durante and his cohorts to dump 6.9 million
WAMX shares into the market for profits of over $24 million. In
addition, the complaint alleges the following
* In late 1999, Durante, DeTrano, Cushing, and Chimenti devised a
scheme to raise capital for WAMX by manipulating the public market
for WAMX stock. To further the scheme, DeTrano transferred
millions of WAMX shares to Durante-controlled nominee accounts at
Union Securities, Ltd., a Canadian brokerage firm. Durante then
instructed Koenig, his broker for these accounts, to execute a
series of manipulative public trades to create artificial price
increases in WAMX stock.
* DeTrano, Cushing, and Chimenti made false public statements
through press releases, SEC filings, and Internet publications
concerning, among other things approximately $6.9 million in
funding that WAMX had supposedly raised "from a private Investment
Group"; WAMX's ability to legally operate an ATS; and the
purportedly "extensive experience" of Cushing and Chimenti in the
investment banking industry. In fact WAMX had only received a
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SECURITIES AND EXCHANGE COMMISSION
SEC SUES TWENTY-SIX ENTITIES AND INDIVIDUALS IN $30 MILLION MARKET MANIPULATION SCHEME
The Commission's Complaint alleges that from December 1999 through June 2000, the Defendants
The complaint alleges that as a result of this scheme, WAMX's market capitalization grew from
In addition, the complaint alleges the following * In late 1999, Durante, DeTrano, Cushing,
To further the scheme, DeTrano transferred millions of WAMX shares to Durante-controlled
* DeTrano, Cushing, and Chimenti made false public statements through press releases, SEC
In fact WAMX had only received a fraction of the financing it had reported, all of which came
* Durante also entered into a series of manipulative transactions known as "Block Deals" with
The Block Deals involved pre-arranged public market purchases of large blocks of WAMX stock
The Commission's complaint charges all of the defendants with violations of the antifraud
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