LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

SEC v AREMISSOFT CORPORATION Click to find out why . . .



Keywords & Phrases
CaseNo: SVAC151304, CourtName: MISC S2, Plaintiff: SEC, UniqueCaseRef: LCD>SVAC151304, State: NJ New Jersey, Michael Martello, Aremissoft, Securities, Exchange Act, Commission, Exchange, Account, Chrysikos, Poyiadjis, Kyprianou, Defendants Chrysikos, Money Market, York, District, Marie Martello, Stock, Violations, Officers, United States, Relief Defendants, Common Stock, Former Officers, Southern District, Reporting, Preliminary Injunction, Pursuant, Cash, Whitestone, Transactions, Insured Money Market, Fraud, Thereunder, Complaint, Reason, Material Nonpublic Information, Residence, Purchase, Tender , ContentID: 120253717

Case Documents
1 2002-07-31 SEC LITIGATION RELEASE 17641
[ see first page and extracted highlights below  ] ItemID: 130091
2 pages
TXT
2 2002-07-31 ADMINISTRATIVE PROCEEDING 46285
[ see first page and extracted highlights below  ] ItemID: 130087
3 pages
TXT
3 2001-10-29 ENFORCEMENT RELEASE NO 1473
[ see first page and extracted highlights below  ] ItemID: 130090
1 pages
TXT
4 2001-10-04 ENFORCEMENT RELEASE NO 1465
[ see first page and extracted highlights below  ] ItemID: 130089
2 pages
TXT
5 2001-07-30 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130088
7 pages
PDF
Total Documents: 5 documents , 15 pages
Price: $ 39.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . SEC LITIGATION RELEASE 17641

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.
SNIPPETS:
  • UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON,
  • SEC SETTLES FINANCIAL FRAUD CLAIMS AGAINST AREMISSOFT CORPORATION
  • Charles L. Brieant of the United States District Court for the Southern District of New York
  • The judgment, to which AremisSoft consented without admitting or denying the allegations in
  • The Commission's complaint alleged, among other things, that AremisSoft and two of its former
  • AremisSoft previously consented to a preliminary injunction that was entered by the Hon.
  • Joel A. Pisano, U.S. District Judge, entered an order confirming AremisSoft's Chapter 11 Plan
  • In connection with the resolution of the Commission's civil injunctive action, AremisSoft
  • For further information on this proceeding,
  • The SEC's civil enforcement action remains pending against Poyiadjis, Kyprianou and two
  • On October 19, 2001 Judge Haight entered a preliminary injunction as to Poyiadjis, Kyprianou
  • 2001 a federal grand jury sitting in the Southern District of New York returned an indictment
  • These funds had previously been frozen by the High Court of the Isle of Man on application of
  • 2002 the U.S. District Court entered a default judgment in the civil forfeiture action.

  • 2 . ADMINISTRATIVE PROCEEDING 46285

    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.
    
    
    SNIPPETS:
  • UNITED STATES OF AMERICA
  • SECURITIES AND EXCHANGE COMMISSION
  • SECURITIES EXCHANGE ACT OF 1934
  • ORDER INSTITUTING PUBLIC ADMINISTRATIVE PROCEEDINGS, MAKING FINDINGS
  • AND REVOKING REGISTRATION PURSUANT TO SECTION 12OF THE SECURITIES
  • The Securities and Exchange Commission deems it necessary and appropriate for the protection
  • Solely for the purpose of these proceedings, and any other proceedings brought by or on evoking Registration Pursuant to Section 12of the Securities
  • AremisSoft has filed registration statements under the Securities Act of 1933 and its common
  • On March 15, 2002 AremisSoft filed a voluntary petition in the United States Bankruptcy Court
  • AremisSoft has failed to comply with Section 17of the Securities Act ) and Section 10of the
  • E. AremisSoft also has failed to comply with Section 13of the Exchange Act ) and Rules 13a-1, er material information necessary to make the statements made, in the light of the circumstances

  • 3 . ENFORCEMENT RELEASE NO 1473

    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
    
    SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • SEC OBTAINS PRELIMINARY INJUNCTION AGAINST AREMISSOFT CORPORATION AND TWO FORMER OFFICERS FOR
  • Securities and Exchange Commission v. Roys Poyiadjis, Lycourgos Kyprianou and AremisSoft
  • On October 19, 2001, the Honorable Charles S. Haight, Jr., United States District Judge for
  • The Court's order resulted from the Commission's motion for emergency relief, filed on
  • Pending resolution of the Commission's action, the Court's order enjoins the three defendants
  • The Court's order also restrains the defendants and the relief defendants from destroying any
  • With respect to defendants Poyiadjis and Kyprianou and the relief defendants, the order also
  • For additional information please see Litigation Release No. (October

  • 4 . ENFORCEMENT RELEASE NO 1465

    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,
    
    SNIPPETS:
  • Securities and Exchange Commission
  • SEC Obtains Emergency Relief against Aremissoft Corporation and Two Former Officers for
  • On October 4, 2001, the Commission filed a civil injunctive action against AremisSoft
  • Based on evidence that all three defendants engaged in financial fraud and Poyiadjis and
  • The Court's Order freezes the assets of Poyiadjis and Kyprianou, and directs them to
  • According to the Commission's complaint * On December 17, 1999, AremisSoft announced "the
  • Poyiadjis and Kyprianou publicly touted the Bulgarian contract as of major significance for
  • The Company recognized approximately $7.1 million in revenue from this contract during 2000
  • In fact, the value of the Bulgarian contract is no more than $3.7 million, and the Company
  • * AremisSoft's "Emerging Markets Group," headquartered in Cyprus, reported roughly $89
  • Most of this amount, however, was based on purported sales to entities that either do not
  • * The Commission charges that, through the above conduct AremisSoft, Poyiadjis and Kyprianou
  • The Commission would like to acknowledge the Office of the U.S. Attorney for the Southern

  • 5 . COMPLAINT

    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
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
  • Plaintiff Securities and Exchange Commission alleges:
  • This case involves tipping and insider trading in advance of the July 30, 2001, initial
  • Anthony Chrysikos, a Vice President of GE Capital, tipped Michael Martello, an American
  • 27 of the Securities Exchange Act of 1934.
  • Defendants Chrysikos and Michael Martello, directly or indirectly, have made use of the means
  • Heller Financial call options were traded on the American Stock Exchange, located in this
  • His last known address is in Whitestone,
  • Relief Defendant Marie Martello is Michael Martello's mother.
  • In the course of his employment at GE Capital, Chrysikos acquired material nonpublic
  • Marie Martello lives alone at the Whitestone residence.
  • Marie Martello, after obtaining cash from various sources, went to a Queens branch bank of
  • In addition to the Insured Money Market Account, Michael Martello also maintains a brokerage
  • Marie Martello maintains two accounts with Citibank: a checking account and a Preferred Money
  • When the representative informed Michael Martello that the representative could not simply
  • Violations of Exchange Act Section 10and
  • Rule 10b-5 Promulgated Thereunder
  • Chrysikos, in violation of his fiduciary duty to General Electric and to its shareholders,
  • Michael Martello, on the basis of such information, and knowing, having reason to know, or
  •    |