U.S. Securities and Exchange Commission
Litigation Release No. 18367 / September 26, 2003
, Civil Action No. 1 03CV01994 (D.D.C.) (September 25, 2003) (PLF)
SEC Sues Sean Nevett For Engaging In Unregistered Distribution of Pay Pop,
Inc. Stock
Nevett Settles And Agrees To Pay $386,997.96 In Disgorgement, Prejudgment
Interest And Penalties
On September 25, 2003, the Securities and Exchange Commission filed a
settled civil injunctive action in the United States District Court
for the District of Columbia, alleging that Sean Nevett, a California
resident, engaged in an unlawful distribution and sale of the stock of
Pay Pop, Inc. ("Pay Pop"), a now defunct British Columbia-based
telecommunications company. Specifically, the Complaint alleges that
Nevett participated in the public distribution and sale of Pay Pop
stock, notwithstanding the fact that there was no registration
statement filed with the Commission or any applicable exemption from
registration, in violation of Section 5 of the Securities Act of 1933
(the "Securities Act"). As alleged in the Commission's Complaint,
between 1998 and 1999, Nevett sold approximately 3.1 million shares of
Pay Pop common stock into the market through a variety of brokerage
accounts located in Canada and the United States. As a result, Nevett
made unlawful profits of $257,061.01.
Nevett settled the civil injunctive action without admitting or
denying the allegations of the Complaint. Nevett consented to the
entry of a final judgment (i) enjoining him from future violations of
Section 5 of the Securities Act; (ii) requiring the payment of
disgorgement of $257,061.01, plus prejudgment interest of $79,936.95;
(iii) requiring payment of a civil penalty of $50,000; and (iv)
barring Nevett for two years from participating in the distribution of
any penny stock.
Simultaneously with the filing of this action, the Commission also
filed a civil injunctive action against five individuals, including a
former senior manager of Pay Pop's transfer agent, CIBC Mellon Trust
Company, for engaging in a fraudulent scheme to create purportedly
"free trading" Pay Pop stock (legend-free stock certificates that
created the false impression that the stock complied with U.S.
registration requirements), issuing a series of materially false and
misleading public statements and selling Pay Pop shares to
unsuspecting investors. , 1 03CV01992 (D.D.C. Sept. 25, 2003) (PLF); .
In addition, the Commission also filed a settled civil action and a
cease-and-desist order against a former attorney of Pay Pop for
SNIPPETS:
U.S. Securities and Exchange Commission
SEC Sues Sean Nevett For Engaging In Unregistered Distribution of Pay Pop, Inc. Stock
Nevett Settles And Agrees To Pay $386,997.96 In Disgorgement, Prejudgment Interest And
On September 25, 2003, the Securities and Exchange Commission filed a settled civil
Specifically, the Complaint alleges that Nevett participated in the public distribution and
As alleged in the Commission's Complaint, between 1998 and 1999, Nevett sold approximately
As a result, Nevett made unlawful profits of $257,061.01.
Nevett settled the civil injunctive action without admitting or denying the allegations of
Nevett consented to the entry of a final judgment enjoining him from future violations of
Sept. 25, 2003) (PLF);.
the Commission also filed a settled civil action and a cease-and-desist order against a
The Commission acknowledges the assistance in its investigation by the Federal Bureau of
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