United States Securities and Exchange Commission
Litigation Rel. No. 17768 / October 3, 2002
Commission Settles Fraud Charges Against Anamar Communications, Inc. and its
Former CEO, Brett Mallory
(United States District Court for the District of Massachusetts, C.A. No.
02-10471DPW, filed March 15, 2002)
The Securities and Exchange Commission announced that, on September 3,
2002, the Honorable Douglas P. Woodlock, United States District Judge
for the District of Massachusetts, entered, by consent, final
judgments against Anamar Communications, Inc., a Nevada corporation
located in Boston, Massachusetts, and Brett R. Mallory, a resident of
Boston, Massachusetts and Anamar's former chief executive officer. In
its complaint, filed on March 15, 2002, the Commission alleged that
Mallory defrauded at least 14 investors of approximately $130,000 by
promising them that they could double their money within 90 days if
they purchased Anamar stock at five cents per share. According to the
complaint, Mallory fraudulently induced investments in Anamar by,
among other things, misrepresenting to potential investors that (i)
Verizon Communications, Inc., had agreed to purchase Anamar stock at
ten cents per share; (ii) investing in Anamar was essentially
risk-free because, even if the Verizon deal fell through, Verizon had
agreed to pay an "opt-out" fee that would allow investors to sell
their shares back to Anamar; (iii) Anamar was pursuing other lucrative
deals that could potentially cause Anamar's stock price to increase
one hundredfold, and (iv) Mallory had scheduled a meeting with Bill
Gates of Microsoft.
On April 24, 2002, the United States Attorney's Office filed a
criminal complaint against Mallory in connection with the scheme
described in the Commission's complaint. Mallory pled guilty to two
counts of mail fraud on May 28, 2002. On September 5, 2002, Mallory
was sentenced in the criminal case to a prison term of 12 months
followed by three years of supervised release, fined $200, and ordered
to make restitution in the amount of $130,500.
Without admitting or denying the Commission's allegations against
them, Anamar and Mallory consented to the entry of final judgments
permanently enjoining them from future violations of Section 17(a) of
the Securities Act of 1933 and Section 10(b) of the Securities and
Exchange Act of 1934 and Rule 10b-5 thereunder. The judgment also
holds Anamar and Mallory jointly and severally liable for disgorgement
and pre-judgement interest totalling $136,917, but waives payment of
that amount and does not impose civil penalties against them based on
the sworn representations in their statements of financial condition
SNIPPETS:
United States Securities and Exchange Commission
Commission Settles Fraud Charges Against Anamar Communications, Inc. and its Former CEO,
(United States District Court for the District of Massachusetts,
The Securities and Exchange Commission announced that, on September 3, 2002, the Honorable
In its complaint, filed on March 15, 2002, the Commission alleged that Mallory defrauded at
According to the complaint, Mallory fraudulently induced investments in Anamar by, among
tentially cause Anamar's stock price to increase one hundredfold, and Mallory had scheduled a
Mallory pled guilty to two counts of mail fraud on May 28,
On September 5, 2002, Mallory was sentenced in the criminal case to a prison term of 12
Without admitting or denying the Commission's allegations against them, Anamar and Mallory
The judgment also holds Anamar and Mallory jointly and severally liable for disgorgement and
For further information see Litigation Release Nos.
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