United States Securities and Exchange Commission
LITIGATION RELEASE NO. 17111 / August 30, 2001
SECURITIES AND EXCHANGE COMMISSION v. ROBERT D. POIRIER, ROBERT J.
PALM, JAMES R. VINCENT and RICHARD E. WENSEL, Defendants; Civil Action
No. CV-96-2243-PHX-EHC (USDC/AZ)
SEC OBTAINS $3 MILLION AND OTHER RELIEF AGAINST FOUR DEFENDANTS IN
"PUMP AND DUMP" CASE
The Securities and Exchange Commission announced today that on August
13, 2001, the Honorable Earl H. Carroll, United States District Judge
for the District of Arizona, having previously found that two
undisclosed controlling shareholders of Garcis, U.S.A., Inc., Robert
D. Poirier and Robert J. Palm, and their offshore nominee, James R.
Vincent, had committed securities fraud, entered final judgments
against the three, and ordered them to pay disgorgement and
prejudgment interest in the amount of $2,660,161. The Court also
ordered Poirier, Palm and Vincent to each pay a civil penalty of
$100,000. In addition, the Court entered final judgment against
Richard E. Wensel. Without admitting or denying the Commission's
allegations, Wensel agreed to the entry of the order, which (1)
permanently enjoins him from future violations of Section 10(b) of the
Exchange Act and Rule 10b-5 thereunder, (2) requires him to pay a
$25,000 civil penalty, and (3) bars him from serving as an officer or
director of any publicly held company.
Previously, on March 29, 2001, the Court had entered summary judgment
against Poirier, Palm and Vincent. The Court found that Poirier and
Palm assumed substantial control over the operations of Garcis, a
distributor of athletic supplies and apparel, obtained a controlling
block of unregistered shares of Garcis and promoted Garcis and its
securities to the public using materially false and misleading
information. The Court also found that Poirier and Palm intentionally
concealed their control over Garcis and caused press releases to issue
that misstated revenue and sales and made false claims about
non-existent business contracts.
The Court found that Vincent helped Poirier and Palm obtain control of
a substantial block of unregistered Garcis shares, avoid the
registration requirements of the federal securities laws and sell
those shares into the market at a profit. In addition, the Court found
that Poirier, Palm and Vincent failed to file with the Commission
certain forms required of shareholders owning more than five and ten
percent of a class of stock registered under § 12 of the Exchange Act,
and obtained an extension of credit from their broker for purchases of
Garcis when they had no intention of paying for the stock. In the
SNIPPETS:
United States Securities and Exchange Commission
SEC OBTAINS $3 MILLION AND OTHER RELIEF AGAINST FOUR DEFENDANTS IN
The Securities and Exchange Commission announced today that on August 13, 2001, the Honorable
mount of $2,660,161.
The Court also ordered Poirier, Palm and Vincent to each pay a civil penalty of $100,000.
the Court entered final judgment against Richard E. Wensel.
Without admitting or denying the Commission's allegations, Wensel agreed to the entry of the
Previously, on March 29, 2001, the Court had entered summary judgment against Poirier, Palm
The Court found that Poirier and Palm assumed substantial control over the operations of
The Court found that Vincent helped Poirier and Palm obtain control of a substantial block of
In addition, the Court found that Poirier, Palm and Vincent failed to file with the
In the settled action against Wensel, the Commission alleged that Wensel, who was an officer
(See also Litigation Release No. 15091, Sept. 30, 1996).
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