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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
LATINA OFFERING SECURITIES JOHNSON ISAAC CARONE ALLEGES STOCK COMMISSION COMPLAINT ALLEGES DEFENDANTS INVESTORS BOILER ROOM LITIGATION DISTRICT CALIFORNIA SECURITIES ACT SALE ENCINO NASDAQ CONTRACTS LONG-DISTANCE SERVICE UNITED STATES MEXICO REVENUE ONGOING SOLD PERSONAL SHARES PENDING |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 18108 / April 25, 2003
, Docket No. CV 03 374NM (FMOx) (USDC C.D. Cal.)
On April 8, 2003, the Honorable Nora Manella, U.S. District Judge,
Central District of California, issued final judgments of permanent
injunction against LinkNet, Inc. (LinkNet) and LinkNet de America
Latina, Ltd. (Latina). The two companies were enjoined from violating
Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and
Section 10(b) of the Securities Act of 1934 and Rule 10b-5 promulgated
thereunder. LinkNet and Latina consented to the orders without
admitting or denying the Commission's allegations.
The Commission charged LinkNet, Latina, Allen R. Johnson, Joseph W.
Isaac and Dale R. Carone with the fraudulent offer and sale of
unregistered securities of LinkNet and Latina. The complaint alleges
the defendants conducted these offerings from August 1999 through
October 2000 and raised approximately $17 million from investors by
selling the stock through a boiler room established by Johnson, Isaac
and Carone in Encino, California.
The complaint alleges that in making the offering the defendants
failed to disclose the fact that at least $5.1 million, or thirty
percent, of the offering proceeds were paid as commissions to the
boiler room operations. It also alleges that the defendants made false
representations that (1) a public offering of LinkNet stock was
imminent; (2) LinkNet's stock would shortly be listed on NASDAQ; (3)
investors could realize phenomenal returns on their investment in a
short time; and (4) LinkNet and Latina had contracts for the sale of
long-distance service in the United States and Mexico that would
generate millions of dollars in revenue to the companies. The
complaint also alleges that, while the offerings were ongoing, Isaac,
Carone, and Johnson also sold their personal shares of LinkNet and
Latina stock through the Encino boiler room and by other means.
Although LinkNet and Latina have settled the Commission's action,
litigation is still pending against Johnson, Isaac, and Carone.
_________________________________________________________________
Modified 04/28/2003
SNIPPETS:
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