U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 22848 / October 18, 2013
Securities and Exchange Commission v. Yuhe International, Inc., and Gao Zhentao, Civil Action No. 1:13-CV-01598-RCL (D.D.C., filed October 18, 2013)
SEC Files Fraud Charges Against Yuhe International, Inc., and Its CEO
The Securities and Exchange Commission today announced a filing of fraud and related charges against Yuhe International, Inc. ("Yuhe"), a China-based provider of broiler chickens, and its Chief Executive Officer, Gao Zhentao ("Gao").
The Commission's complaint alleges that Yuhe, under Gao's direction and control, made false public statements concerning an acquisition Yuhe claimed to have executed in 2009. Specifically, the complaint alleges that between approximately December 2009 and June 2011, Yuhe misled its public investors by disseminating a series of materially false statements concerning a purported acquisition of additional chicken farms for more than $15 million, often providing updates concerning the farms' integration and contribution to the company's revenue. In October 2010, Yuhe completed a public offering in the United States, selling more than four million shares of its common stock and generating net proceeds in excess of $27 million. The complaint alleges that, in truth, the acquisition never occurred, a fact that was admitted by Yuhe during an investor conference call in June 2011 and a subsequent filing on Form 8-K on June 23, 2011.
The complaint alleges that Yuhe violated Section 17(a) of the Securities Act of 1933 ("Securities Act"), Sections 10(b), 13(a), 13(b)(2)(A), 13(b)(2)(B), and 14(a) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rules 10b-5, 12b-20, 13a-1, 13a-11, 13a-13, 14a-3, and 14a-9, thereunder. The complaint further alleges that Gao violated Section 17(a) of the Securities Act, Sections 10(b), 13(b)(5), and 14(a) of the Exchange Act, and Rules 10b-5, 13a-14, 13b2-1, 14a-3, and 14a-9, thereunder, and aided and abetted Yuhe's violations of Section 17(a) of the Securities Act, Sections 10(b), 13(a), 13(b)(2)(A), 13(b)(2)(B), and 14(a) of the Exchange Act, and Rules 10b-5, 12b-20, 13a-1, 13a-11, 13a-13, 14a-3, and 14a-9, thereunder. The Commission's complaint seeks permanent injunctions, civil penalties, disgorgement plus prejudgment interest, an officer and director bar against Gao, and other relief.