U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17974 / February 7, 2003
SECURITIES AND EXCHANGE COMMISSION v. NATIONAL INVESTMENT ENTERPRISES
AND MICHAEL GARIAN A/K/A MELKON GHARAKHANIAN A/K/A BIKA BALIAN, Civil
Action No. (CV 03-0896 GHK (JWJx)) (C.D. Cal.)
The Securities and Exchange Commission filed a complaint in U.S.
District Court in Los Angeles yesterday alleging securities fraud
perpetrated primarily against Armenian-Americans by Michael Garian,
also known as Melkon Gharakhanian, and his company, National
Investment Enterprises ("NIE").
The SEC's complaint alleges that between 1997 and mid-2001, Garian,
41, of Van Nuys, California, and Glendale-based NIE raised over $19
million from about 200 investors. Most of the investors Garian and NIE
targeted were residents of Glendale's large Armenian-American
community, many of whom had never invested in the stock market, and
some of whom were Armenian immigrants for whom English was a second
language. Garian allegedly falsely told investors that he would use
their money to purchase various securities for their accounts; had an
"inside line" to upcoming "hot" IPOs, particularly for Internet and
other technology-related companies; and could deliver large profits
quickly. The complaint charges that Garian and NIE furthered their
scheme by sending investors false monthly account statements that
represented that NIE was purchasing large volumes of IPO shares and
other securities on their behalf and making large profits from
Garian's trading activities.
In fact, Garian invested only $5.2 million of the $19 million he
raised, of which Garian lost all but $1.6 million in IPO investments,
day trading, and commodities trading. The bulk of the investors'
funds, $14 million, was used to repay earlier investors their
principal and purported investment returns in order to sustain a
Ponzi-like scheme. Garian used at least $112,000 for his own personal
benefit, and an additional $2.3 million was withdrawn from NIE's bank
account in the form of cashier's checks which remain unaccounted for,
the complaint alleges. NIE's investors ultimately sustained a loss of
approximately $5 million.
Concurrent with the filing of its complaint against Garian and NIE,
the SEC also announced that it reached a settlement with relief
defendant Aegis Financial, LLC, a Chicago-based commodities broker.
The SEC did not charge Aegis with securities law violations, but
instead named it as a relief defendant in order to require Aegis to
return $210,000 of investors' funds that had been loaned by Garian and
NIE. Aegis promised to deposit the $210,000 into the Court's registry.
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. NATIONAL INVESTMENT ENTERPRISES AND MICHAEL GARIAN
The Securities and Exchange Commission filed a complaint in U.S. District Court in Los
The SEC's complaint alleges that between 1997 and mid-2001, Garian, 41, of Van Nuys,
Garian allegedly falsely told investors that he would use their money to purchase various
The complaint charges that Garian and NIE furthered their scheme by sending investors false
The bulk of the investors' funds, $14 million, was used to repay earlier investors their
Concurrent with the filing of its complaint against Garian and NIE, the SEC also announced
The SEC did not charge Aegis with securities law violations, but instead named it as a relief
The SEC's complaint alleges that Garian's and NIE's conduct violated Sections 5, 5and 17of
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