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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
INVESTORS SECURITIES BROADBAND COMMISSION MUSTANG CIVIL CRIMINAL CONTEMPT CALIFORNIA FILING COURT CHARGE PARTNERS SIMON XENEL EXCHANGE COMMISSION UNITED STATES ATTORNEY VIOLATION SECURITIES FRAUD PURCHASE BROADBAND SHARES ALLEGE INSPECTOR ROBERT RUBIN INSIGHT VENTURE PARTNERS BIDDING WAR PROPOSALS COMMITMENTS SAUDI ARABIA |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No.17224 / November 7, 2001
Securities and Exchange Commission v. Mustang Development Corporation,
Tower Operating Company, Neal B. Stein, Cary S. Greene and Samuel
Embras, Jr., Civil Action No. 97-0440 JGD (CTx) (C.D. Cal.)
The Securities and Exchange Commission ("Commission") and the United
States Attorney for the Central District of California today announced
the filing of civil and criminal contempt proceedings in federal court
in Los Angeles against recidivist Cary S. Greene, age 40, of Studio
City, California.
These proceedings are based on Greene's violation of a civil judgment
entered against him in April 1997, in a Commission enforcement action
entitled SEC v. Mustang Development Corporation, et al. In the Mustang
action, Greene was charged with securities fraud in the offer and sale
of oil and gas limited partnership interests. Greene was an officer,
director and part owner of Mustang, which raised about $139 million
from thousands of investors nationwide. While investors were told that
their funds would be used to purchase oil and gas properties, in fact,
Greene 1) commingled the assets of the partnerships; 2) operated a
ponzi scheme by using millions of dollars from new investors to pay
old investors their purported "returns;" and 3) misappropriated
millions of dollars from investors for personal uses. Greene was also
barred from the securities industry in a related Commission
administrative proceeding.
In the contempt proceedings, the Commission and U.S. Attorney's court
filings allege that during a telephone conversation with a Postal
Inspector posing as a prospective investor, Greene claimed that he was
not a securities broker but instead represented himself to be a
"founder" of and a "consultant" to Broadband Concepts & Technologies,
Inc., based in Glendale, California. The filings further allege that
Greene represented that Broadband had approximately 120 investors and
that he believed the return on the investment would be 100 to 1 within
18 months.
During this same conversation, Greene made the following false
statements
* He falsely claimed that former U.S. Treasury Secretary Robert E.
Rubin, represented by Insight Venture Partners, was in a "bidding
war" to purchase Broadband shares. In fact, neither Robert Rubin
nor Insight Venture Partners have invested in or with Broadband
and have not made any proposals or commitments to invest in or
with Broadband.
* He falsely stated that the royal family of Saudi Arabia,
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