SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16924 / March 2, 2001
SECURITIES AND EXCHANGE COMMISSION v AMAZON NATURAL TREASURES, INC. MICHAEL A. SYLVER AND DOMINGOS LORICCHIO JR., Civ. No. CVS-01-0229 (D. Nev.)
The Commission announced today that it filed a federal court action for securities fraud against Amazon Natural Treasures, Inc., a Las Vegas-based dietary supplement company, its president, Michael Sylver, and one of its former officers, Domingos Loricchio Jr. The complaint alleges that, from at least 1997 through March 2000, Amazon made numerous false and misleading statements and omissions in public filings with the Commission, press releases, its Internet web site, and other documents disseminated to the public. The statements and omissions broadly fall into four categories: (1) overstatement of sales revenue for the year ended December 31, 1998; (2) undisclosed cash and stock given to Sylver by Amazon; (3) baseless and unreasonable revenue projections and other financial information; and (4) false and misleading claims about the benefits and safety of Amazon's products. The Complaint also alleges that Amazon unlawfully sold millions of shares of unregistered, non-exempt stock and violated laws requiring that the company create and maintain adequate books and records and internal controls and file timely periodic reports with the Commission.
The Commission's action, filed in the U.S. District Court in Las Vegas, Nevada, seeks a permanent injunction against Amazon for violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act") and Sections 10(b), 13(a), 13(b)(2)(A) and (B) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5, 12b-20, 12b-25, 13a-1, 13a-13, and 13b2-1 thereunder. Against Sylver, the Commission seeks an order of permanent injunction, disgorgement (including prejudgment interest), civil money penalties, and an officer and director bar for violations of Sections 5(a), 5(c) and 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rules 10b-5 and 13b2-2 thereunder, and for aiding and abetting Amazon's violations of Section 13(a) and 13(b)(2)(A) and (B) of the Exchange Act and Rules 12b-20, 12b-25, 13a-1, 13a-13, and 13b2-1 thereunder. Finally, the Commission seeks a permanent injunction and civil penalties against Loricchio Jr. for violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and for aiding and abetting Amazon's violations of Section 13(a) of the Exchange Act and Rules 12b-20, 12b-25, 13a-1 and 13a-13 thereunder.