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U.S. Securities and Exchange Commission

Concorde America, Inc., et al.

On July 19, 2007, the SEC obtained a final judgment and permanent injunction against Thomas Heysek in connection with his role in an alleged pump and dump scheme of Concorde America, Inc. and Absolute Health and Fitness, Inc. stock.† The SEC also has obtained judgments and permanent injunctions against several other defendants in this action, including Concorde America, Hartley Lord, Absolute Health and Fitness, Donald Oehmke, Bryan Kos, Andrew Kline and Paul Spreadbury.

According to the complaint, since approximately June 2004, Oehmke and Kos carried out both schemes by artificially creating demand for stock they owned in Concorde America and Absolute Health through unauthorized and false press releases, facsimile and e-mail spams, internet websites, promotional videos and automatic voice-mail messages. †To date, the Court has ordered disgorgement of ill-gotten gains and prejudgment interest of more than $1.5 million from certain defendants.†

For more information about the SECís action, you can read Litigation Release Nos. 19085 (Feb. 16, 2005), 19948 (Dec. 18, 2006) and 20078 (Apr. 18, 2007).

The Court also appointed Melanie E. Damian, Esq. as Distribution Agent.† For the latest information, you can visit the Distribution Agentís website.


We have provided this information as a service to investors.  It is neither a legal interpretation nor a statement of SEC policy.  If you have questions concerning the meaning or application of a particular law or rule, please consult with an attorney who specializes in securities law.

Modified: 03/10/2008