U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17968 / February 4, 2003
SECURITIES AND EXCHANGE COMMISSION V. PINNFUND USA, INC., PEREGRINE
FUNDING, INC., ALLIED CAPITAL PARTNERS, GRAFTON PARTNERS, SIX SIGMA,
LLC A/K/A 6 SIGMA, LLC, RELIANCE HOLDINGS, LLC, MICHAEL J. FANGHELLA,
JAMES L. HILLMAN, and KELLY COOK A/K/A KELLY JAYE A/K/A KELLY
SPAGNOLA, Civil Action No. 01-CV-0496 H (LAB) (S.D. Cal.)
United States v. James L. Hillman and Piotr Kodzis, Case No. 03-CR-275
(S.D. Cal.)
On January 30, 2003, the United States Attorney for the Southern
District of California announced that a federal grand jury had
returned indictments of James L. Hillman, a 62 year old resident of
Minden, Nevada, and three other individuals, charging them with
intentionally defrauding investors out of hundreds of millions of
dollars. Hillman is charged with conspiracy, mail fraud, and wire
fraud in connection with misrepresentations relating to investments in
PinnFund USA, Inc. Specifically, the indictment charges that Hillman
misrepresented the extent of his oversight and review of PinnFund's
operations, and concealed various material facts, including his
knowledge of multiple sets of contradictory PinnFund financial
statements.
PinnFund was a Carlsbad, California-based mortgage lender placed under
receivership by court order as a result of an emergency civil action
filed by the Securities and Exchange Commission in March 2001. The
Commission alleged that Hillman raised $330 million of investor
proceeds through his control of Peregrine Funding, Inc. and by selling
securities in Allied Capital Partners, Grafton Partners and Six Sigma,
LLC. The Commission's complaint also alleged that Hillman and the
other defendants misused the proceeds for their own purposes, to pay
for operational losses of defendant PinnFund, and to make repayments
to investors as part of a Ponzi-like scheme. See Litigation Release
16941, March 22, 2001.
In December 2001, a Final Judgment was entered against Hillman,
concluding the Commission's litigation in this action. The final
judgment permanently enjoined Hillman from committing any future
violations of the registration and antifraud provisions of the federal
securities laws, and required Hillman to pay disgorgement of
$67,749,192.39 and $110,000 in civil penalties. See Litigation Release
, January 16, 2002.
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Modified 02/05/2003
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION V. PINNFUND USA, INC., PEREGRINE FUNDING, INC., ALLIED
JAMES L. HILLMAN, and KELLY COOK A/K/A KELLY JAYE A/K/A KELLY SPAGNOLA, Civil Action No.
United States v. James L. Hillman and Piotr Kodzis,
On January 30, 2003, the United States Attorney for the Southern District of California
Hillman is charged with conspiracy, mail fraud, and wire fraud in connection with
Specifically, the indictment charges that Hillman misrepresented the extent of his oversight
California-based mortgage lender placed under receivership by court order as a result of an
The Commission alleged that Hillman raised $330 million of investor proceeds through his
The Commission's complaint also alleged that Hillman and the other defendants misused the
See Litigation Release 16941, March 22, 2001.
The final judgment permanently enjoined Hillman from committing any future violations of the
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