SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17355 / February 6, 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 EMERGENCY RELIEF TO STOP FRAUDULENT INVESTMENT SCHEME
On February 6, 2002, the Securities and Exchange Commission filed an
emergency enforcement action in the United States District Court for
the District of Utah, Central Division and obtained a temporary
restraining order 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 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 have
raised over $500,000 by falsely claiming that the Moodys were
experienced businessmen, had raised a billion dollars, and that Gary
Moody was 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 are currently
being paid their alleged returns with checks that have bounced, while
others have received just a fraction of their original investment.
In addition to temporary restraining orders prohibiting further
violations of the antifraud provisions of the federal securities laws,
the Court ordered an asset freeze, expedited discovery, an accounting,
and other interim relief. The Commission also seeks the following
permanent relief (i) permanent injunctions against future violations
of Sections 5(a), (c), and 17(a) of the Securities Act of 1933, and
Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
thereunder, and; (ii) disgorgement and prejudgment interest; and (iii)
the imposition of civil money penalties.
In February 1999, the Commission obtained a default judgment against
Gary Moody arising out of a prime bank fraud and he was permanently
enjoined from violating the antifraud provisions of the federal
securities laws. , Civil Action No. 97-CIV-9359 (S.D.N.Y.)(LBS). In
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SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. GARY L. MOODY, STEVEN R. MOODY, VIRTUAL PRIVATE
On February 6, 2002, the Securities and Exchange Commission filed an emergency enforcement
The Commission's complaint alleges that, beginning in 2001, Gary Moody and his brother Steven
Defendants have raised over $500,000 by falsely claiming that the Moodys were experienced
Instead, investors' funds have been placed in bank accounts controlled by the Moodys and
In addition to temporary restraining orders prohibiting further violations of the antifraud
The Commission also seeks the following permanent relief permanent injunctions against future
the Commission obtained a default judgment against Gary Moody arising out of a prime bank
Civil Action No. 97-CIV-9359.
In connection with the same fraud, Gary Moody pled guilty in 1997 to a scheme to defraud in
The Commission wishes to thank the Utah Department of Commerce, Division of Securities, for
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