U.S. Securities and Exchange Commission
Litigation Release No. 17801 / October 23, 2002
Securities and Exchange Commission v. Emsanet Internet Services, Inc.,
Stefan Abel, Peter Restivo, Inc. D/B/A U.S. Funding, Peter C. Restivo,
Nicola A. Liantonio, Jr., and Cesare J. Iori, Jr., CV 02-532 (ADS )
(E.D.N.Y)
The Securities and Exchange Commission announced that the Honorable
Arthur D. Spatt, United States District Judge for the Eastern District
of New York, entered final judgments against Stefan Abel ("Abel"),
Emsanet Internet Services, Inc. ("Emsanet"), Peter Restivo, Inc. d/b/a
U.S. Funding ("U.S. Funding"), Peter C. Restivo ("Restivo"), Nicola A.
Liantonio, Jr. ("Liantonio") and Cesare J. Iori, Jr. ("Iori")
(collectively, "Defendants"). The judgments permanently enjoin them
from further violations of the registration and antifraud provisions
of the federal securities laws (Sections 5(a), 5(c) and 17(a) of the
Securities Act of 1933, Section 10(b) of the Securities Exchange Act
of 1934 ("Exchange Act") and Rule 10b-5 thereunder) and additionally
enjoin U.S. Funding, Restivo, Liantonio and Iori from acting as
unregistered brokers (Section 15(a) of the Exchange Act). The
judgments also order the Defendants to disgorge the following illicit
profits Abel and Emsanet, jointly, $2,805,265 plus $536,448 in
prejudgment interest; U.S. Funding, $465,000 plus $88,921.63 in
prejudgment interest; and Restivo, Liantonio and Iori each, $155,000
plus $29,640.54 in prejudgment interest. Finally, the judgments order
the Defendants to pay the following civil penalties Abel and Emsanet,
jointly, $100,000; U.S. Funding, $465,000; and Restivo, Liantonio and
Iori each, $155,000.
The Commission's complaint, filed on January 24, 2002, charged that
Emsanet and its President, Abel, hired U.S. Funding, an unregistered
broker-dealer, to sell shares of Emsanet stock in an unregistered
private placement offering, and that Abel, Emsanet, U.S. Funding and
its principles, Restivo, Liantonio and Iori, made materially false and
misleading statements to investors in connection with the offer and
sale of shares of Emsanet stock. The Defendants consented to the
judgments without admitting or denying the allegations in the
Commission's complaint.
For further information, see (January 24, 2002), announcing the filing
of the Commission's civil action against the Defendants.
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Modified 10/24/2002
SNIPPETS:
U.S. Securities and Exchange Commission
Securities and Exchange Commission v. Emsanet Internet Services, Inc., Stefan Abel, Peter
The Securities and Exchange Commission announced that the Honorable Arthur D. Spatt, United
Funding"), Peter C. Restivo, Nicola A. Liantonio, Jr.
and Cesare J. Iori, Jr.
The judgments permanently enjoin them from further violations of the registration and
The judgments also order the Defendants to disgorge the following illicit profits Abel and
The Commission's complaint, filed on January 24, 2002, charged that Emsanet and its
The Defendants consented to the judgments without admitting or denying the allegations in the
For further information, see, announcing the filing of the Commission's civil action against
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