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SEC LITIGATION RELEASE 17641
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EXTRACTED KEY WORDS
DISTRICT SECURITIES FRAUD POYIADJIS EXCHANGE ACT OFFICERS COURT CIVIL KYPRIANOU COMMISSION RELIEF DEFENDANTS YORK SOUTHERN DISTRICT ISLE FORMER OFFICERS INJUNCTION JUDGEMENT UNITED STATES CIVIL FORFEITURE DISTRICT JUDGE PRELIMINARY INJUNCTION REPORTING COMPLAINT ACCOUNTING HIGH COURT FUNDS INVESTMENT PROCEEDING STOCK |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC
Litigation Release No. 17641 / July 31, 2002
ACCOUNTING AND AUDITING ENFORCEMENT
Release No. 1606 / July 31, 2002
SECURITIES AND EXCHANGE COMMISSION V. ROYS POYIADJIS, LYCOURGOS KYPRIANOU
AND AREMISSOFT CORP., et al, CIVIL ACTION NO. 01-CV-8903 (CSH) (S.D.N.Y.)
SEC SETTLES FINANCIAL FRAUD CLAIMS AGAINST AREMISSOFT CORPORATION
On July 22, 2002, the Hon. Charles L. Brieant of the United States
District Court for the Southern District of New York signed a Final
Judgment of Permanent Injunction and Other Relief as to Defendant
AremisSoft Corporation, which was a software company with offices in
New Jersey, London, Cyprus, and India. The judgment, to which
AremisSoft consented without admitting or denying the allegations in
the Commission's complaint, prohibits AremisSoft and its successor
entity, Softbrands, Inc., from violating the antifraud and reporting
provisions of the federal securities laws (Section 17(a) of the
Securities Act of 1933 ("Securities Act") and Sections 10(b) and 13(a)
of the Securities Exchange Act of 1934 ("Exchange Act") and Rules
10b-5, 12b-20, 13a-1 and 13a-13 thereunder).
The Commission's complaint alleged, among other things, that
AremisSoft and two of its former officers, Roys Poyiadjis and
Lycourgos Kyprianou, overstated the Company's revenues in its annual
report for 2000 and inflated the value of acquisitions made in 1999
and 2000 and that the two former officers engaged in massive insider
trading during the period of the reporting fraud. AremisSoft
previously consented to a preliminary injunction that was entered by
the Hon. Charles S. Haight, Jr., U.S. District Judge, on October 19,
2001.
AremisSoft filed a petition for relief under Chapter 11 of the
Bankruptcy Code on March 15, 2002. On July 15, 2002, the Hon. Joel A.
Pisano, U.S. District Judge, entered an order confirming AremisSoft's
Chapter 11 Plan and authorizing AremisSoft to enter into the
settlement with the Commission.
In connection with the resolution of the Commission's civil injunctive
action, AremisSoft also consented to the issuance of a Commission
Order, pursuant to Section 12(j) of the Exchange Act, revoking the
registration of AremisSoft's common stock, without admitting or
denying the findings in the Commission's Order. For further
information on this proceeding, Exchange Act Release No. 34-46285.
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ADMINISTRATIVE PROCEEDING 46285
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EXTRACTED KEY WORDS
AREMISSOFT COMMISSION SECURITIES PURSUANT FINDINGS INSTITUTING ADMINISTRATIVE PROCEEDINGS REPORTS COMMON STOCK MAKING FINDINGS PUBLIC ADMINISTRATIVE PROCEEDINGS UNITED STATES MISLEADING INVESTORS PROTECTION REVOKING REGISTRATION PURSUANT AREMISSOFT CORPORATION MATTER QUARTERLY REPORTS ANNUAL REPORT FILINGS MATERIAL OMISSIONS MAKING MATERIALLY FALSE THEREUNDER UNITED STATES CODE RELIEF JERSEY DISTRICT STATES BANKRUPTCY COURT |
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
RELEASE NO. 46285 / July 31, 2002
ADMINISTRATIVE PROCEEDING
FILE NO. 3-10854
_________________________________________________________________
In the Matter of
AREMISSOFT CORPORATION,
Respondent.
_________________________________________________________________
ORDER INSTITUTING PUBLIC ADMINISTRATIVE PROCEEDINGS, MAKING FINDINGS
AND REVOKING REGISTRATION PURSUANT TO SECTION 12(j) OF THE SECURITIES
EXCHANGE ACT OF 1934
I.
The Securities and Exchange Commission ("Commission") deems it
necessary and appropriate for the protection of investors that public
administrative proceedings be instituted against Respondent AremisSoft
Corporation ("AremisSoft"), pursuant to Section 12(j) of the
Securities Exchange Act of 1934 ("Exchange Act") (15 U.S.C. §78(j).
In anticipation of the institution of these administrative
proceedings, AremisSoft has submitted an Offer of Settlement ("Offer")
that the Commission has determined to accept. Solely for the purpose
of these proceedings, and any other proceedings brought by or on
behalf of the Commission or to which the Commission is a party,
without admitting or denying the findings set forth below, except as
to the Commission's finding of jurisdiction over AremisSoft and the
subject matter of these proceedings as set forth in Part III.A, which
AremisSoft admits, AremisSoft consents to the entry of this Order
Instituting Public Administrative Proceedings, Making Findings and
Revoking Registration Pursuant to Section 12(j) of the Securities
Exchange Act of 1934 ("Order") set forth below.
II.
Accordingly, IT IS HEREBY ORDERED that proceedings pursuant to Section
12(j) of the Exchange Act are instituted.
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ENFORCEMENT RELEASE NO 1473
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EXTRACTED KEY WORDS
RELIEF DEFENDANTS FORMER OFFICERS AREMISSOFT SECURITIES ASSETS LYCOURGOS KYPRIANOU ROYS POYIADJIS EXCHANGE COMMISSION FUNDS ACT DISTRICT UNITED STATES INSIDER TRADING AREMISSOFT CORPORATION PRELIMINARY INJUNCTION ACCOUNTING LITIGATION SWORN ACCOUNTING REPATRIATE DIRECTS AREMISSOFT STOCK SALE FREEZES COMPLAINT ALLEGATIONS DOCUMENTS RELATING DESTROYING RESTRAINS THEREUNDER |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17210 / October 29, 2001
Accounting and Auditing Enforcement Release No. 1473 / October 29,
2001
SEC OBTAINS PRELIMINARY INJUNCTION AGAINST AREMISSOFT CORPORATION AND
TWO FORMER OFFICERS FOR FINANCIAL FRAUD, INSIDER TRADING
Securities and Exchange Commission v. Roys Poyiadjis, Lycourgos
Kyprianou and AremisSoft Corp., Civil Action No. 01-CV-8903 (S.D.N.Y.)
On October 19, 2001, the Honorable Charles S. Haight, Jr., United
States District Judge for the Southern District of New York, issued a
preliminary injunction against AremisSoft Corporation, an
international software company with offices in New Jersey, London,
Cyprus, and India, two of its former officers, Roys Poyiadjis and
Lycourgos Kyprianou, and ordered other relief against the defendants
and two relief defendants, Olympus Capital Investment, Inc., and
Oracle Capital, Inc. The Court's order resulted from the Commission's
motion for emergency relief, filed on October 4, 2001, alleging that
the defendants overstated the value of the Company's contracts,
revenues and recent acquisitions, and that the two former officers
engaged in massive insider trading.
Pending resolution of the Commission's action, the Court's order
enjoins the three defendants from violations of Section 17(a) of the
Securities Act of 1933 (15 U.S.C. § 77q(a)) and Sections 10(b), 13(a)
and 16(a) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78j(b),
78m(a) and 78p(a)) and Rules 10b-5, 12b, 13a-1, 13a-13, 16a-2 and
16a-3) thereunder (17 C.F.R. §§ 240.10b-5, 12b, 13a-1, 13a-13, 16a-2
and 16a-3). The Court's order also restrains the defendants and the
relief defendants from destroying any documents relating to the
Commission's allegations in the Complaint. With respect to defendants
Poyiadjis and Kyprianou and the relief defendants, the order also
* freezes any of their funds or assets received from the sale of
AremisSoft stock;
* directs them to repatriate all such funds or assets to the United
States; and
* requires them to submit a sworn accounting of their assets held at
any time since December 1, 1999.
For additional information please see Litigation Release No. (October
4, 2001).
_________________________________________________________________
Modified 10/30/2001
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ENFORCEMENT RELEASE NO 1465
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EXTRACTED KEY WORDS
KYPRIANOU POYIADJIS VIOLATIONS COMMISSION EXCHANGE SECURITIES SALES REPORTING OFFICERS EXCHANGE ACT REVENUE CONTRACT BULGARIAN CONTRACT COMPLAINT DEFENDANTS SOUTHERN DISTRICT PRELIMINARY INJUNCTION INSIDER TRADING FINANCIAL FRAUD OPERATING PURPORTED SALES EMERGING BUSINESS AREMISSOFT STOCK PROCEEDS PROVISIONS MOTION YORK UNITED STATES |
Securities and Exchange Commission
Litigation Release No. 17172 / October 4, 2001
Accounting and Auditing Enforcement Release No. 1465 / October 4, 2001
SEC Obtains Emergency Relief against Aremissoft Corporation and Two Former
Officers for Financial Fraud, Insider Trading
Securities and Exchange Commission v. Roys Poyiadjis, Lycourgos Kyprianou
and AremisSoft Corp., Civil Action No. 01-CV-8903 (S.D.N.Y.)
On October 4, 2001, the Commission filed a civil injunctive action
against AremisSoft Corporation, an international software company with
offices in New Jersey, London, Cyprus, and India, and two former
officers, Roys Poyiadjis and Lycourgos Kyprianou, alleging that they
overstated the value of the Company's contracts, revenues and recent
acquisitions, and that the two former officers engaged in massive
insider trading during the period of the reporting fraud. On the same
day, the Honorable Charles S. Haight, Jr., United States District
Judge for the Southern District of New York, granted the Commission's
motion for emergency relief against AremisSoft, Poyiadjis and
Kyprianou.
Based on evidence that all three defendants engaged in financial fraud
and Poyiadjis and Kyprianou, both former chairmen and CEO's of the
Company, also engaged in insider trading, the Court's Order restrains
the defendants from violations of the anti-fraud, reporting and other
provisions of the federal securities laws pending a hearing on the
Commission's motion for a preliminary injunction. The Court's Order
freezes the assets of Poyiadjis and Kyprianou, and directs them to
repatriate to the United States the proceeds of their sales of
AremisSoft stock. The Order also grants the Commission's request for
expedited discovery.
According to the Commission's complaint
* On December 17, 1999, AremisSoft announced "the signing of a $37.5
million agreement to automate the nationwide healthcare system of
Bulgaria." Poyiadjis and Kyprianou publicly touted the Bulgarian
contract as of major significance for the Company's business
prospects. The Company recognized approximately $7.1 million in
revenue from this contract during 2000 and $1 million more in the
first quarter of 2001. In fact, the value of the Bulgarian
contract is no more than $3.7 million, and the Company can
presently substantiate only about $1.7 million of the revenue
recognized on it.
* AremisSoft's "Emerging Markets Group," headquartered in Cyprus,
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COMPLAINT
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EXTRACTED KEY WORDS
ACCOUNT CHRYSIKOS EXCHANGE DEFENDANTS CHRYSIKOS MONEY MARKET EXCHANGE ACT MARIE MARTELLO SECURITIES STOCK CASH WHITESTONE BUSINESS TRANSACTIONS COMMISSION YORK INSURED MONEY MARKET REASON MATERIAL NONPUBLIC INFORMATION RESIDENCE PURCHASE TENDER ALLEGES VIOLATIONS PREFERRED MONEY MARKET BROKERAGE ACCOUNT COMMON STOCK TRADING RECKLESSLY DISREGARDING THEREUNDER |
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
:
v. :
: Civil Action No.
ANTHONY CHRYSIKOS and :
MICHAEL MARTELLO, : 02 Civ. _____________
:
Defendants, :
:
MARIE MARTELLO,
Relief Defendant.
COMPLAINT
Plaintiff Securities and Exchange Commission ("SEC" or the "Commission") alleges:
NATURE OF THE ACTION
1. This case involves tipping and insider trading in advance of the July 30, 2001, initial
public announcement of a tender offer by General Electric Capital Corp ("GE Capital")
for the outstanding common stock of Heller Financial, Inc. ("Heller Financial"). Anthony
Chrysikos ("Chrysikos"), a Vice President of GE Capital, tipped Michael Martello, an
American Kung-Fu instructor and Web page designer, who then purchased Heller
Financial call options on the American Stock Exchange.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this action pursuant to Sections 21(d), 21(e), 21A, and
27 of the Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. §§ 78u(d),
78u(e), 78u-1 and 78aa].
3. Defendants Chrysikos and Michael Martello, directly or indirectly, have made use of
the means or instrumentalities of interstate commerce, or of the mails, or the facilities of
a national securities exchange in connection with the transactions, acts, practices and
courses of business alleged herein.
4. Heller Financial call options were traded on the American Stock Exchange, located in
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