UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17377 / February 25, 2002
SECURITIES AND EXCHANGE COMMISSION v. MARK E. RICE D/B/A PRIMEX
CAPITAL, Civ. No. 4 02CV00636 (USDC S.D. Texas)
The Commission announced today that it has filed a federal court
action against Mark E. Rice d/b/a Primex Capital ("Rice"). The
Commission's complaint alleges that between September 1999 and July
2000, Rice carried out "pump and dump" schemes to manipulate the stock
of four microcap companies, including defendant Status Wines of
Tuscany f/k/a Portalzone.com, Inc. ("Portalzone"). According to the
Commission's complaint, the schemes for all four companies involved
issuing unsolicited fraudulent "spam" e-mail messages. The
Commission's complaint further alleges that for Portalzone and another
company, the schemes also involved manipulative trading by Rice and
issuing fraudulent press releases or promotional materials. According
to the Commission's complaint, the false statements concerned, among
other things, Portalzone's product (purportedly an advanced Internet
search engine), its revenue sources and business relationships with
third parties, as well as Rice's stock-picking track record and
trading intentions. Moreover, the Commission's complaint alleges that
the schemes enabled Rice, and his alter ego entities, proposed relief
defendants Primex (USA), Inc. ("Primex") and Applegate Sentry, S.A.
("Applegate"), to sell restricted stock of three of the four companies
into the resulting inflated market for total profits of approximately
$900,367.
The Commission's complaint alleges that Rice violated Sections 5(a),
5(c) and 17(a) of the Securities Act of 1933 ("Securities Act"),
Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act")
and Rule 10b-5 thereunder, and Regulation M, Rule 101. As to Rice, the
complaint seeks an injunction against Rice and disgorgement,
prejudgment interest and third-tier civil penalties, and as to the two
relief defendants, disgorgement and prejudgment interest. Without
admitting or denying the Commission's allegations, Rice has consented
to the entry of an order that would enjoin him from future violations
of the foregoing provisions and directing him to pay disgorgement and
prejudgment interest in an amount to be determined after the
completion of the Commission's discovery in this action; and in which
he would agree to the Court's continuing jurisdiction over the action
for the purpose of determining whether to assess civil penalties
against him.
For tips on how to avoid Internet "pump-and-dump" stock manipulation
schemes, visit . For more information about Internet fraud, visit . To
report suspicious activity involving possible Internet fraud, visit .
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. MARK E. RICE D/B/A PRIMEX CAPITAL,
The Commission announced today that it has filed a federal court action against Mark E. Rice
The Commission's complaint alleges that between September 1999 and July 2000, Rice carried
The Commission's complaint further alleges that for Portalzone and another company, the
According to the Commission's complaint, the false statements concerned, among other things,
The Commission's complaint alleges that Rice violated Sections 5, 5and 17of the Securities
As to Rice, the complaint seeks an injunction against Rice and disgorgement, prejudgment
Without admitting or denying the Commission's allegations, Rice has consented to the entry of
im.
For tips on how to avoid Internet "pump-and-dump" stock manipulation schemes,
To report suspicious activity involving possible Internet fraud,
|