U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17844 / November 15, 2002
SECURITIES and EXCHANGE COMMISSION v. CALIFORNIA AUTOCARE CORPORATION,
AUTOCARE AMERICORP, JOSEPH SANFELLIPO, JAMES E. GASPER, KIMBALL R.
VANCE, JR., AND ELIHU M. SIGAL (Case No. ED-CV-02-1229 VAP (SGLx))
(C.D. Cal)
On November 14, 2002, the U.S. District Court in Riverside, California
granted the Securities and Exchange Commission's application for a
temporary restraining order regarding a telemarketing scheme run by a
repeat securities law violator, Joseph Sanfellipo, 53, of Laguna
Beach, California. The Commission's complaint alleges that Sanfellipo
seeks to raise $9 million through the sale of stock in an auto repair
company he controls, known as California Autocare Corporation of
Carlsbad, California. The defendants have raised at least $500,000 in
a two-month period. The complaint alleges that Sanfellipo falsely told
investors over the phone, on the company website and in the company
prospectus that (1) California Autocare Corporation and another
Sanfellipo-controlled auto repair company, Autocare Americorp, had
significant business relationships with Shell Oil Company, NAPA Auto
Parts, Monroe, and Interstate Batteries, when in fact they did not;
(2) there were 20 Autocare retail locations throughout California,
when in fact there were actually only 5; and (3) the companies were
negotiating sponsorship deals with Starbucks and Krispy Kreme
Doughnuts, when in fact they were not.
In addition to Sanfellipo and his companies, the other defendants are
James E. Gasper, 64, of Solana Beach, California; Kimball R. Vance,
Jr., 49, of La Quinta, California; and Elihu M. Sigal, 55, of Palm
Desert, California. The Commission's complaint alleges that Gasper,
Vance and Sigal sold California Autocare and Autocare Americorp stock
through telemarketing at a sales office in Palm Desert, California.
The court granted the Commission's application for a temporary
restraining order; appointed a receiver over the companies; and froze
the assets of, prohibited the destruction of documents by, and ordered
accountings from the defendants. The temporary restraining order bars
California Autocare Corporation, Autocare Americorp and Sanfellipo
from committing securities fraud in violation of Section 17(a) of the
Securities Act of 1933 ("Securities Act") and Section 10(b) and Rule
10b-5 thereunder of the Securities Exchange Act of 1934 ("Exchange
Act"). The Court's order also temporarily restrains California
Autocare Corporation, Autocare Americorp, Sanfellipo, Gasper, Vance
and Sigal from violating the securities registration provisions of
Sections 5(a) and 5(c) of the Securities Act. The Court's order also
temporarily restrains Gasper, Vance and Sigal from committing
SNIPPETS:
SECURITIES and EXCHANGE COMMISSION v. CALIFORNIA AUTOCARE CORPORATION,
On November 14, 2002, the U.S. District Court in Riverside, California granted the Securities
The Commission's complaint alleges that Sanfellipo seeks to raise $9 million through the sale
The defendants have raised at least $500,000 in a two-month period.
The complaint alleges that Sanfellipo falsely told investors over the phone, on the company
In addition to Sanfellipo and his companies, the other defendants are James E. Gasper, 64, of
The Commission's complaint alleges that Gasper, Vance and Sigal sold California Autocare and
The court granted the Commission's application for a temporary restraining order; appointed a
The temporary restraining order bars California Autocare Corporation, Autocare Americorp and
The Court's order also temporarily restrains California Autocare Corporation, Autocare
The Court's order also temporarily restrains Gasper, Vance and Sigal from committing
Sanfellipo was ordered by the Commission to cease and desist from future securities fraud
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