U.S. Securities and Exchange Commission
Litigation Release No. 18354 / September 22, 2003
Case No. 03-61747-CIV-MARTINEZ (S.D.Fla., filed September 16, 2003)
SEC Charges Three Former Brokers In Offering Fraud
On September 16, 2003, the Securities and Exchange Commission
(Commission) filed a complaint in the United States District Court,
Southern District of Florida, alleging securities fraud against James
Mulhearn, the CEO of Safetynet Industries, Inc. (Safetynet), and two
Safetynet sales agents, Damian Delgado and Adrian Balboa.
The Commission's complaint alleges that from approximately November
2001 through December 2002, Mulhearn, Balboa and Delgado raised more
than $600,000 from investors in a fraudulent, unregistered offering of
Safetynet stock. In connection with the offering of Safetynet stock,
the defendants made numerous material misrepresentations and omissions
to prospective and actual investors regarding, among other things,
Safetynet's business operations, projected revenues and profitability,
use of investor proceeds and projected rate of return on the
investment. In addition, Mulhearn misappropriated much of the monies
raised for his personal use, and Balboa and Delgado collectively
received over $100,000 in undisclosed commissions and bonuses.
According to the complaint, Safetynet never operated a legitimate
business and never sold or marketed any of its alleged products. The
complaint also alleges that all three defendants were former brokers
who were associated with registered broker-dealers as recently as
2002.
Mulhearn, of Coral Springs, Florida and Balboa, of Coconut Creek,
Florida, have agreed to settle the charges against them, without
admitting or denying the allegations contained in the Commission's
complaint. Under the terms of the settlement, Mulhearn and Balboa
consented to the entry of a final judgment permanently enjoining them
from violating Sections 5(a), 5(c), and 17(a) of the Securities Act of
1933 (Securities Act), Section 10(b) of the Securities Exchange Act of
1934 (Exchange Act), and Rule 10b-5 thereunder, and barring them from
participating in an offering of penny stock. The judgment will enjoin
Balboa from violating Section 15(a) of the Exchange Act. The judgment
also orders Mulhearn and Balboa to disgorge ill-gotten gains and
imposed a civil penalty in amounts to be determined later by the
court.
The complaint also charges Delgado, of Boca Raton, Florida, with
violating Sections 5(a), 5(c), and 17(a) of the Securities Act,
Sections 10(b) and 15(a) of the Exchange Act, and Rule 10b-5
SNIPPETS:
U.S. Securities and Exchange Commission
SEC Charges Three Former Brokers In Offering Fraud
On September 16, 2003, the Securities and Exchange Commission filed a complaint in the United
The Commission's complaint alleges that from approximately November 2001 through December
In connection with the offering of Safetynet stock, the defendants made numerous material
Mulhearn, of Coral Springs, Florida and Balboa, of Coconut Creek, Florida, have agreed to
1934 (Exchange Act), and Rule 10b-5 thereunder, and barring them from participating in an
The judgment will enjoin Balboa from violating Section 15of the Exchange Act.
The judgment also orders Mulhearn and Balboa to disgorge ill-gotten gains and imposed a civil
The Commission's action against Delgado, which is continuing, seeks injunctive relief, a
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