U.S. Securities and Exchange Commission
Litigation Release No. 18346 / September 11, 2003
, Case No. 8 03-CV-1895-T-23TGW (M.D. Fla., filed September 8, 2003)
The Securities and Exchange Commission Obtains Emergency Orders Against
Viatical Capital, Inc., Charles Douglas York, Robert Kingston Coyne and,
Life Investment Funding Enterprises, Inc. In Connection With $61 Million
Securities Scam That Targeted At Least 1,900 Elderly And Unsophisticated
Investors Nationwide
The Securities and Exchange Commission (SEC) announced that on
September 8, 2003, a federal judge in the Middle District of Florida
entered a temporary restraining order, asset freeze and other relief
against a Florida corporation Viatical Capital Inc. (VCI), a Nevada
corporation Life Investment Funding Enterprises, Inc. (Life
Investment), Charles Douglas York, and Robert Kingston Coyne,
enjoining them from violating the antifraud provisions and (as against
VCI, York and Coyne) the securities registration provisions of the
federal securities laws. The SEC's complaint against VCI, Life
Investment, York and Coyne, alleges that they have engaged in a
systematic fraud in connection with a scheme to solicit investment in
various limited liability companies (LLCs) that invested in viatical
settlements (i.e., a life insurance policy of a terminally ill person
that is sold at a price less than the face value of the policy).
According to the SEC's complaint, VCI prepared and disseminated
quarterly statements to investors representing that certain LLCs owned
viaticated insurance policies even though those policies had been
rescinded, terminated or cancelled. The complaint also alleges that
many of the viatical settlements in VCI's portfolio were fraudulently
obtained, making the policies subject to cancellation, and that they
were acquired from an unlicensed viatical settlement provider. In
addition, the Complaint alleges that VCI, York and Coyne
misrepresented and omitted to disclose material facts concerning the
investment, including risk factors, rates of return, planned public
offerings, and the checkered disciplinary histories of VCI, its
related entities, and York and Coyne. The Complaint also alleges that
VCI, York and Coyne misused investor proceeds by, among other things,
using a quarter million dollars of investor funds to fund York and
Coyne's own boat-leasing venture. Finally, the Complaint alleges that
Life Investment recently filed with the SEC materially false and
misleading registration statements in its attempt to become a public
company (According to offering materials provided to investors, Life
Investment would acquire the assets of each LLC, and conduct an
initial public offering).
SNIPPETS:
U.S. Securities and Exchange Commission
The Securities and Exchange Commission Obtains Emergency Orders Against Viatical Capital,
In Connection With $61 Million Securities Scam That Targeted At Least 1,900 Elderly And
The Securities and Exchange Commission announced that on September 8, 2003, a federal judge
ws.
The SEC's complaint against VCI, Life Investment, York and Coyne, alleges that they have
According to the SEC's complaint, VCI prepared and disseminated quarterly statements to
The complaint also alleges that many of the viatical settlements in VCI's portfolio were
In addition, the Complaint alleges that VCI, York and Coyne misrepresented and omitted to
The Complaint also alleges that VCI, York and Coyne misused investor proceeds by, among other
Finally, the Complaint alleges that Life Investment recently filed with the SEC materially
As a result, the SEC alleges that VCI, York and Coyne violated Sections 5and 5, and of the
|