SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17416 / March 15, 2002
SECURITIES AND EXCHANGE COMMISSION v. GARY L. MOODY, STEVEN R. MOODY,
VIRTUAL PRIVATE MARKETPLACE, LTD., AND BILLPAY SYSTEMS LLCCivil Action
No. 2 02CV-0110B (D. Utah)(filed February 6, 2002).
SEC OBTAINS PRELIMINARY INJUNCTION TO STOP FRAUDULENT INVESTMENT
SCHEME
The Securities and Exchange Commission announced today that on March
6, 2002, the United States District Court for the District of Utah
entered a preliminary injunction prohibiting defendants Gary L. Moody,
Steven R. Moody, Virtual Private Marketplace, Ltd., and Billpay
Systems LLC from engaging in the fraudulent offer and sale of
securities. The injunction also freezes the defendants' assets. The
Moodys opposed the issuance of a preliminary injunction. They
requested a three-week extension of the temporary restraining order
and then a hearing on the SEC's Motion for Preliminary Injunction. The
court denied their request.
The Court previously had entered a temporary restraining order and an
asset freeze against the defendants on February 6, 2002. The
Commission's complaint alleges that beginning in 2001, Gary Moody and
his brother Steven Moody lured investors to send their money to
Virtual Private Marketplace, Ltd. and Billpay Systems LLC by promising
them astronomical investment returns in a short time to be paid out in
coupons that could be used at various retail stores. Defendants raised
over $500,000 by falsely claiming that the Moodys were experienced
businessmen, were worth over a billion dollars, and that Gary Moody
had received, orwas soon to receive, four doctorate degrees from
Harvard University. In fact, Gary Moody is a convicted felon and
Steven Moody filed for personal bankruptcy in 2000. In addition, there
is no evidence that the investors' funds have been placed in income
generating investments. Instead, investors' funds have been placed in
bank accounts controlled by the Moodys and investors were paid their
alleged returns with checks that bounced, and others received just a
fraction of their original investment.
The preliminary injunction enjoins Gary Moody and his co-defendants,
during the pendency of this action, from violating the antifraud
provisions of the federal securities laws, Sections 5(a), (c), and
17(a) of the Securities Act of 1933, Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. For
additional information, see L.R. 17355 (February 6, 2002).
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. GARY L. MOODY, STEVEN R. MOODY, VIRTUAL PRIVATE
SEC OBTAINS PRELIMINARY INJUNCTION TO STOP FRAUDULENT INVESTMENT
The Securities and Exchange Commission announced today that on March 6, 2002, the United
The injunction also freezes the defendants' assets.
They requested a three-week extension of the temporary restraining order and then a hearing
The court denied their request.
The Commission's complaint alleges that beginning in 2001, Gary Moody and his brother Steven
Instead, investors' funds have been placed in bank accounts controlled by the Moodys and
The preliminary injunction enjoins Gary Moody and his co-defendants, during the pendency of
The Commission wishes to thank the Utah Department of Commerce, Division of Securities, for
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