UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17967 / February 4 , 2003
SECURITIES AND EXCHANGE COMMISSION V. BIG COUNTRY AGS, INC. D/B/A AGS,
INC., ET AL., Defendants, Civil Action No. 3 02-CV-606-L
SEC OBTAINS $1.9 MILLION JUDGMENT IN CONNECTION WITH FRAUDULENT
INTERNATIONAL GOLD TRADING SCHEME.
On January 16, 2003, in an enforcement action filed by the Securities
and Exchange Commission ("SEC"), the United States District Court for
the Northern District of Texas, Dallas Division, entered judgment
against Godfried Martin Sarpong and his company, Africa Gemstone
Corporation, for violating the antifraud and securities registration
provisions of the federal securities laws. Sarpong is a citizen of the
Republic of Ghana, who resides in London, and Africa Gemstone is a
Ghanaian corporation with offices in London and Accra, Republic of
Ghana.
The court ordered Sarpong and Africa Gemstone, jointly and severally,
to disgorge unjust profits of $1,105,621, plus prejudgment interest of
$73,632.59, and the court ordered Sarpong and Africa Gemstone to pay
civil money penalties of $120,000 and $600,000, respectively. The
total monetary relief ordered by the court was $1,899,254. The court
also enjoined Sarpong and Africa Gemstone from offering or selling
unregistered securities in violation of Sections 5(a) and 5(c) of the
Securities Act of 1933, and from committing securities fraud, in
violation of Section 17(a) of the Securities Act of 1933, and Section
10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
thereunder.
The SEC filed the case on March 22, 2002, charging Sarpong, Africa
Gemstone and others with selling unregistered securities and
misleading investors in connection with an international gold trading
deal. According to the Complaint, between February 2000 and January
2001, the defendants raised over $1.3 million by offering and selling
unregistered promissory notes to investors in several states. The SEC
alleged that the defendants assured investors they could liquidate
their principal upon thirty days notice; promised investors returns of
five percent to ten percent per month (i.e., 60-120% per annum); and
promised to earn those returns by using the investors' money to buy
gold bullion in Ghana and sell it in England at a 12% profit. The SEC
further alleged that the defendants told investors that the risk of
the investment was minimal, because of "built-in safety factors," such
as oversight by the government of Ghana and verification of the
investment by the defendants. In fact, according to the Complaint,
those safeguards did not exist, and Sarpong, operating through Africa
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
BIG COUNTRY AGS, INC. D/B/A AGS,
On January 16, 2003, in an enforcement action filed by the Securities and Exchange
Sarpong is a citizen of the Republic of Ghana, who resides in London, and Africa Gemstone is
The court ordered Sarpong and Africa Gemstone, jointly and severally, to disgorge unjust
The court also enjoined Sarpong and Africa Gemstone from offering or selling unregistered
The SEC filed the case on March 22, 2002, charging Sarpong, Africa Gemstone and others with
According to the Complaint, between February 2000 and January 2001, the defendants raised
The SEC further alleged that, although Sarpong agreed to trade gold for the other defendants
As a result of Sarpong's thefts, the investment was never profitable, and never earned
the Commission requested that the defendants be enjoined from future securities violations
Simultaneously with the filing of its action, the Commission accepted an offer of settlement
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