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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
CUSHING DETRANO DURANTE CHIMENTI SECURITIES STOCK FUNDING EXCHANGE COMMISSION OFFICER PERJURY REGULATORY APPROVALS SECURITIES FRAUD TRADING EVIDENCE STOCK PRICE CHIEF CONVICTION CONSPIRACY COMMIT OBSTRUCTION JUSTICE SCHEME MANIPULATE MISLEADING SHARES INFLATE ANNOUNCEMENTS ATS INVESTMENT BANKING |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17602 / July 9, 2002
United States v. Mitchell H. Cushing, S3 00-CR-1089 (WHP) (S.D.N.Y.)
On July 3, 2002, former WAMEX Holdings, Inc. ("WAMEX") Chief Executive
Officer Mitchell H. Cushing was convicted of one count of securities
fraud, one count of perjury, and one count of conspiracy to commit
securities fraud, perjury, and obstruction of justice in relation to a
U.S. Securities and Exchange Commission ("SEC") investigation of
WAMEX. Cushing's conviction was based on his participation in a scheme
to manipulate the public market for WAMEX stock by, among other
things, issuing false and misleading press releases concerning WAMEX's
funding and regulatory approvals to operate its proposed business, an
Internet-based Alternative Trading System ("ATS"). Cushing and his
co-conspirators obtained approximately $24 million in profits by
selling WAMEX stock to the public during the course of the scheme.
The evidence at trial showed that, in the fall of 1999, Cushing
entered into an illegal funding agreement with two New York-based
stock promoters, Roger M. DeTrano and Edward A. Durante. In exchange
for 19.5 million WAMEX shares, DeTrano and Durante agreed to engage in
manipulative trading designed to inflate artificially WAMEX's stock
price, sell the shares to the public at the artificially inflated
prices, and kick-back a portion of the proceeds to Cushing and WAMEX.
Cushing assisted DeTrano and Durante in their efforts to drive up
WAMEX's stock price by providing a steady stream of phony press
releases on behalf of WAMEX.
The evidence also showed that Cushing caused WAMEX to make false and
misleading public announcements concerning millions of dollars in
funding that had been purportedly raised by WAMEX; WAMEX's attempts to
obtain regulatory approval to operate its ATS prior to its announced
July 4, 2000 launch date, which was publicly touted as "Investor
Independence Day;" and Cushing's supposed vast experience in the
investment banking industry. In fact, WAMEX had not raised millions of
dollars in funding and virtually all of the financing it did receive
was in the form of kickbacks from DeTrano and Durante; WAMEX was not
involved in any ongoing efforts to obtain regulatory approval to
operate an ATS; and Cushing's investment banking experience consisted
of his employment at several notorious boiler rooms that had been shut
down by regulators in the United States and Austria.
In early June 2000, Cushing and Russell A. Chimenti, Jr., WAMEX's
Chief Administrative Officer, were subpoenaed to testify in connection
with the SEC's investigation of WAMEX. The evidence at trial showed
that Cushing and Chimenti lied at several points during their
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