UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17157 / September 27, 2001
, Civil No. 2 98CV884B (USDC Utah)
On July 9, 2001, the Honorable Dee Benson, United States District
Judge, District of Utah, signed an Order Granting Motion for Summary
Judgment and Judgment of Permanent Injunction and Other Relief against
WARPnet Holdings, LLC, a Missouri limited liability company, WARPnet,
Inc., and Kevin A. Tauber. The defendants were enjoined from future
violations of 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 Commission's Complaint, filed December 11, 1998, alleged that
Tauber and Warpnet sold units in WARPnet to investors in Utah and
California by telling potential investors that they would receive a
percentage of the profits to be realized by WARPnet from its service
contracts with the Church of Jesus Christ of Latter-day Saints, the
Salt Lake Organizing Committee for the Olympic Winter Games of 2002,
the Western Governors' University, the Rolling Stones rock band, and
other entities, and that WARPnet would repurchase any interests after
one year at a profit to the investor of $2 per unit.
The Court found that WARPnet and Tauber solicited funds from investors
by selling "units" or "profits interest" of WARPnet or companies
associated with WARPnet and that Tauber raised approximately $100,000
from investors by claiming that he "personally knew" and was "good
friends with" Utah Governor, Michael O. Leavitt, and Gordon B.
Hinckley, president of the Church of Jesus Christ of Latter-day
Saints. Among other material misrepresentations, Tauber stated that
his company had signed an agreement with four major television
networks, the Salt Lake Organizing Committee, and the Western
Governors' University, none of whom had ever personally or
professionally heard of Tauber or WARPnet. The Court found that by
engaging in such conduct, WARPnet and Tauber violated Section 17(a) of
the Securities Act and Section 10(b) of the Exchange Act, and Rule
10b-5 thereunder.
Defendants WARPnet and Tauber were ordered to pay disgorgement and
prejudgment interest totaling $131,290.75. In addition, Tauber
individually was ordered to pay additional disgorgement and
prejudgment interest totaling $8,300.75. A civil penalty in an amount
to be determined by motion of the SEC was also imposed on Tauber.
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Modified 09/27/2001
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Civil No. 2 98CV884B (USDC Utah)
On July 9, 2001, the Honorable Dee Benson, United States District Judge, District of Utah,
The defendants were enjoined from future violations of Section 17of the Securities Act of
The Commission's Complaint, filed December 11, 1998, alleged that Tauber and Warpnet sold
d that WARPnet would repurchase any interests after one year at a profit to the investor of $2 per
Among other material misrepresentations, Tauber stated that his company had signed an
The Court found that by engaging in such conduct, WARPnet and Tauber violated Section 17of
In addition, Tauber individually was ordered to pay additional disgorgement and prejudgment
A civil penalty in an amount to be determined by motion of the SEC was also imposed on Tauber.
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