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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
GENIS BROKER-DEALER STOCK PRICE ULTIMATE HOLDINGS SHARES DANGELO COMPLAINT COMMISSION DISTRICT SCHEME SECURITIES CALIFORNIA MANIPULATION CENTRAL DISTRICT ATTORNEYS OFFICE COMPLAINT ALLEGES CASH EXCHANGE UNITED STATES LENDING ACCORDING ACCOMPLICE STOCK LOAN MARKET OBLIGATIONS STOCK LOAN TRANSACTIONS CONTROL CASH PROCEEDS ASSISTANCE |
U.S. Securities and Exchange Commission Litigation Release No. 18344 / September 11, 2003 United States District Court for the Central District of California, Case No. LACV 03-6499 CAS (VBKx) (September 11, 2003) SEC FILES FRAUD CHARGES ARISING OUT OF $130 MILLION STOCK LENDING AND MANIPULATION SCHEME Defendant DAngelo Pleads Guilty in Related Criminal Action Brought by U.S. Attorneys Office for the Central District of California The Securities and Exchange Commission today filed a complaint in the United States District Court for the Central District of California charging Kenneth P. DAngelo and his company, RBF International, Inc., with participating in an unlawful scheme to manipulate the stock price of GenesisIntermedia, Inc. (GENI), a now defunct public company that was based in Van Nuys, California. The Commission alleges that the scheme, which occurred between September 1999 and September 2001, resulted in the misappropriation of more than $130 million, the collapse of three broker-dealers, and the largest bailout in the history of the Securities Investor Protection Corporation. According to the complaint, the manipulation of GENIs stock price began shortly after the companys June 1999 public offering. To benefit from the manipulation, GENIs Chief Executive Officer developed a stock lending scheme. The Commission alleges that the CEO and an accomplice loaned approximately 15 million shares of GENI stock to Native Nations Securities, Inc., a New Jersey broker-dealer, and more than a dozen other broker-dealers in exchange for approximately $130 million. To facilitate these stock loan transactions, DAngelo defrauded those broker-dealers by leading them to believe that reputable brokerage firms were lending the GENI shares to them. The complaint alleges that the GENI shares actually were being loaned by Ultimate Holdings, Ltd., which was an offshore entity controlled by GENIs CEO and his accomplice. The stock loans generated cash proceeds for the full market value of the GENI shares and assured that Ultimate Holdings and the CEO would benefit from future price increases. According to the complaint, DAngelo secretly paid others for their assistance in this scheme. The complaint alleges that, in a typical stock loan transaction, Ultimate Holdings loaned stock to a broker-dealer and received the current market value of the stock in cash. As GENIs stock price fluctuated, the loaned stock was marked-to-market by the broker-dealer. In a hypothetical example, if Ultimate Holdings loaned a broker-dealer 1,000 shares of stock valued at $5.00 per share,SNIPPETS: |
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