United States Securities and Exchange Commission
Litigation Release No. 17174, October 5, 2001
Securities and Exchange Commission v. The Balancer Company, Inc., Mark
Miclette and Toni Bonar Miclette. Civil Action No. No. 3 01-CV-1975-P (N.D.
Tex., Dallas Division)
The Securities and Exchange Commission announced today that it filed a
complaint in the United States District Court for the Northern
District of Texas for securities fraud and registration violations of
the federal securities laws against The Balancer Company, Inc. ("TBC")
as well as TBC's founders and principal officers, Mark Miclette ("M.
Miclette") and Toni Bonar Miclette ("T. Miclette"), both of Dexter,
Maine. According to the Commission's complaint, TBC ostensibly
developed and marketed a single product known as the Spin Cycle
Balancer ("Balancer"), a washing machine device that purportedly would
automatically balance a laundry load during the spin cycle. From
February 2000 through April 2001, defendants raised at least $750,000
from approximately 90 investors located nationwide, in Canada and in
the British West Indies. Investment funds were solicited through
various means, including the company's Internet website,
The Commission complaint alleged in the course of offering and selling
the unregistered common stock of TBC, defendants engaged in numerous
material misrepresentations and omissions concerning, among other
matters, the expected rate of return on the investment, the status of
the Balancer's development, TBC's business operations, and the use of
investor funds. The defendants represented that TBC was poised to
provide immediate and substantial profits to investors. In fact,
however, TBC never developed a finished prototype of its product, nor
did it achieve any sales or agreements to sell its product in the
future. Additionally, defendants stated that investor funds would be
used to develop and market the Balancer, while, in fact, only a
fraction of investor funds were used for legitimate purposes. Instead,
defendants M. Miclette and T. Miclette diverted a large portion of
investor funds for unauthorized personal and business expenditures.
Specifically, defendants misappropriated as much as $400,000.00 to pay
for personal expenses, such as mortgage and car payments and tuition
for the Miclette children's private school, and for wire transfers to
persons unrelated to TBC or persons affiliated with TBC who were owed
no compensation by the company.
The Commission alleges that, by engaging in the conduct described in
the complaint, defendants violated Sections 5(a), 5(c) and 17(a) of
the Securities Act of 1933 ("Securities Act") and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10(b)-5 thereunder. The
Commission requests that the court permanently enjoin defendants from
SNIPPETS:
United States Securities and Exchange Commission
The Balancer Company, Inc., Mark Miclette and Toni Bonar Miclette.
The Securities and Exchange Commission announced today that it filed a complaint in the
According to the Commission's complaint, TBC ostensibly developed and marketed a single
From February 2000 through April 2001, defendants raised at least $750,000 from approximately
Additionally, defendants stated that investor funds would be used to develop and market the
defendants M. Miclette and T. Miclette diverted a large portion of investor funds for
Specifically, defendants misappropriated as much as $400,000.00 to pay for personal expenses,
The Commission alleges that, by engaging in the conduct described in the complaint,
The Commission requests that the court permanently enjoin defendants from violating the
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