UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Rel. No. 17245 / November 21, 2001
SEC Obtains Preliminary Injunction Against Broker in Identity Theft
and Penny Stock Manipulation Fraud Case.
SEC v. Robert C. Ingardia (United States District Court for the
Southern District of New York, C.A. No. 01-CV-8356 (WHP), filed
September 6, 2001)
The Commission announced today that, on November 8, 2001, the
Honorable William H. Pauley III, United States District Judge for the
Southern District of New York, issued a preliminary injunction and
granted other ancillary relief against Robert C. Ingardia, a broker
most recently affiliated with the New York City-based brokerage firm
of Joseph Stevens & Co. ("Joseph Stevens"), based on the Commission's
prima facie showing that Ingardia had engaged in violations of the
antifraud provisions of the United States securities laws.
The Commission's Complaint alleges that, from at least June 2001
through the date of the filing of the Complaint, Ingardia and certain
unknown individuals engaged in an identity theft and penny stock
manipulation fraud. According to the Complaint, in late June 2001,
Ingardia, who has been employed since 1996 by at least six
broker-dealers besides Joseph Stevens, including the now defunct New
York City-based Mason Hill & Co. ("Mason Hill"), began making
telephone calls to several other brokerage firms, including Fidelity,
Charles Schwab and Brown & Co., in which he assumed the identity of at
least eight of his present and former Joseph Stevens and Mason Hill
customers. The Complaint further alleged that, after he had
successfully assumed the identity of his customers, Ingardia would
generally, without authorization, change the address to which all
correspondence concerning the account, including trade confirmations,
should be sent, and then liquidate the account by placing unauthorized
orders to sell all or many of the stock positions it contained. Using
the cash proceeds of the liquidation, Ingardia would then place
unauthorized orders to buy huge quantities of penny stock in either
Converge Global, Inc. ("Converge"), a Utah corporation headquartered
in Santa Monica, California or Equity Technologies & Resource, Inc.
("ETCR"), a Delaware corporation headquartered in Lexington, Kentucky.
According to the SEC, in the course of this fraudulent scheme,
Ingardia and certain unknown individuals working in concert with him
made more than $1.1 million worth of unauthorized trades in the
brokerage accounts of unsuspecting investors, including liquidating
more than $800,000 worth of stock and purchasing more than $230,000
worth of stock in Converge and ETCR. Transactions effected by Ingardia
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
SEC Obtains Preliminary Injunction Against Broker in Identity Theft
SEC v. Robert C. Ingardia (United States District Court for the Southern District of New York,
The Commission announced today that, on November 8, 2001, the Honorable William H. Pauley
es securities laws.
The Commission's Complaint alleges that, from at least June 2001 through the date of the
According to the Complaint, in late June 2001, Ingardia, who has been employed since 1996 by
The Complaint further alleged that, after he had successfully assumed the identity of his
According to the SEC, in the course of this fraudulent scheme, Ingardia and certain unknown
The Commission obtained a preliminary injunction restraining Ingardia from committing
In addition to the preliminary injunction and ancillary relief alreadyobtained, the
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