SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 18087 / April 14, 2003
, Civil Action No. 2 02CV-0110B (D. Utah)(filed February 6, 2002).
, Criminal Action No. 021908492 (Salt Lake Third District Court)(filed
June 20, 2002)
, Criminal Action No. 021908493 (Salt Lake Third District Court)(filed
June 20, 2002)
MOODY BROTHERS PLEAD GUILTY TO UTAH STATE
CRIMINAL FRAUD CHARGES
DEFENDANTS ARE EACH ORDERED TO PAY $1 MILLION
PENALTY IN SEPARATE SEC ACTION
The Securities and Exchange Commission announced today that on April
3, 2003, Gary L. Moody and Steven R. Moody each pled guilty in Salt
Lake Third District Court in Utah to two counts of securities fraud, a
second degree felony in the State of Utah, and one count of a pattern
of unlawful activity, also a second degree felony. The Court is
scheduled to impose a sentence on May 16, 2003.
In a separate proceeding arising out of the same conduct, and alleged
in a Complaint filed by the Commission on February 6, 2002 in the
United States District Court for the District of Utah, the Court on
January 23, 2003, ordered the Moody brothers to each pay a civil money
penalty of $1 million.
The Commission's Complaint alleged that beginning in 2001, Gary Moody
and his brother Steven Moody lured investors to send their money to
Virtual Private Marketplace, Ltd. and Billpay Systems LLC by promising
them astronomical investment returns in a short time to be paid out in
coupons that could be used at various retail stores. Defendants raised
over $500,000 by falsely claiming that the Moodys were experienced
businessmen, had raised a billion dollars, and that Gary Moody was
soon to receive four doctorate degrees from Harvard University. In
fact, Gary Moody is a convicted felon and Steven Moody filed for
personal bankruptcy in 2000. In addition, there is no evidence that
the investors' funds have been placed in income generating
investments.
On October 24, 2002, the Court granted the Commission's motion for
summary judgment, finding that defendants had violated Sections 5(a),
(c), and 17(a) of the Securities Act of 1933, Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
, Criminal Action No. 021908492 (Salt Lake Third District Court)
MOODY BROTHERS PLEAD GUILTY TO UTAH STATE
CRIMINAL FRAUD CHARGES
The Securities and Exchange Commission announced today that on April 3, 2003, Gary L. Moody
The Court is scheduled to impose a sentence on May 16,
In a separate proceeding arising out of the same conduct, and alleged in a Complaint filed by
The Commission's Complaint alleged that beginning in 2001, Gary Moody and his brother Steven
Defendants raised over $500,000 by falsely claiming that the Moodys were experienced
On October 24, 2002, the Court granted the Commission's motion for summary judgment, finding
The Court ordered that all defendants be permanently enjoined from violating these statutory
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