U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20024 / March 1, 2007
SEC v. U.S. WIND FARMING, INC., ET AL, Case No. 05 C 4259 (N.D. Ill., filed July 25, 2005)
On February 13, 2007, the Honorable Milton I. Shadur of the United States District Court for the Northern District of Illinois, Eastern Division, entered an order of Final Judgment against Defendants Charles S. Flemming, Ashlin Capital, LLC, and Kyoto Capital Group, LLC.
The Commission's First Amended Complaint alleged that Flemming participated in a scheme to evade the registration provisions of the Securities Act of 1933. Flemming, through his companies, Ashlin Capital and Kyoto Capital Group, obtained 102 million shares of U.S. Wind Farming stock in an unregistered offering with the expectation that he would sell the shares into the public market and provide Wind Farming with a portion of the proceeds of these sales. Upon receipt of those shares, Flemming, through his companies, sold the shares into the public market and paid a portion of the proceeds to Wind Farming. Flemming previously consented to entry of a permanent injunction that permanently enjoins him, Ashlin Capital, and Kyoto Capital Group from violating Sections 5(a) and 5(c) of the Securities Act of 1933 and bars them from participating in penny stock offerings. The Final Judgment includes the permanent injunction and penny stock bar, and the Court further ordered that Flemming, Ashlin Capital, and Kyoto Capital Group are jointly and severally liable for disgorgement, representing the ill-gotten gains from the sale of Wind Farming stock, plus prejudgment interest totaling $455,700.59.