Securities and Exchange Commission
Litigation Release No. 17805 / October 24, 2002
Final Judgments of Permanent Injunction Entered Against
Defendants Accused of Fraudulent Payday Advance Scheme
, Case No. 02-80456-Civ-Middlebrooks/Vitunac (S.D. Florida, filed May 16,
2002)
The Securities and Exchange Commission ("Commission") announced that
on September 23, 2002, the United States District Court for the
Southern District of Florida entered final judgments of permanent
injunction against Jean B. Leclercq ("Leclercq"), Kip Marsique
("Marsique"), and Frederick J. Shapiro ("Shapiro") for fraud and for
selling unregistered securities. This follows the Court's permanent
injunction of August 8, 2002 entered against Starcash, Inc
("Starcash") and Infinity Consulting Services, Inc. ("Infinity"), both
Florida corporations. Leclercq, Shapiro, Marsique, Starcash, and
Infinity, without admitting or denying the SEC's allegations,
consented to the Court Order that permanently enjoins them from
violating Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933
and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934
and Rule 10b-5 thereunder.
In its Complaint filed on May 16, 2002, the SEC alleged that Starcash,
based in Boca Raton, and Ft. Lauderdale, Florida, conducted a
fraudulent unregistered offering to raise investor funds for the
purported purpose of funding payday advances in the form of short-term
loans. The SEC alleged that between October 2001 and May 2002, the
Starcash defendants raised more than $6 million from investors
nationwide through a network of boiler rooms to allegedly fund
short-term payday loans. According to the SEC's complaint, the
Starcash defendants falsely represented that investor funds would be
used to fund advance payday loans, and that the investments were
virtually risk free and were secured by the purported loans. In fact,
Starcash paid exorbitant commissions to the boiler rooms from investor
monies, and the loans were unsafe and grossly undersecured. In
addition, the Complaint alleged that Starcash made baseless
predictions to investors that its payday advance business could
generate up to $80 million in revenue a year.
On May 17, 2002, the Court entered, among other things, a temporary
restraining order and an asset freeze against all defendants and
relief defendants. On May 28, 2002, the Court entered an Order
Granting Motion for Preliminary Injunction of Asset Freeze as to the
relief defendants. On May 28, 2002, the Court entered a Preliminary
Injunction and other relief against all defendants by consent, without
SNIPPETS:
Securities and Exchange Commission
Final Judgments of Permanent Injunction Entered Against Defendants Accused of Fraudulent
Florida, filed May 16,
The Securities and Exchange Commission announced that on September 23, 2002, the United
This follows the Court's permanent injunction of August 8, 2002 entered against Starcash, Inc
Leclercq, Shapiro, Marsique, Starcash, and Infinity, without admitting or denying the SEC's
The SEC alleged that between October 2001 and May 2002, the Starcash defendants raised more
According to the SEC's complaint, the Starcash defendants falsely represented that investor
On May 17, 2002, the Court entered, among other things, a temporary restraining order and an
On May 28, 2002, the Court entered an Order Granting Motion for Preliminary Injunction of
On May 28, 2002, the Court entered a Preliminary Injunction and other relief against all
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