UNITED STATES OF AMERICA
In the Matter of
|ORDER MAKING FINDINGS AND IMPOSING SANCTION BY DEFAULT|
Respondent Hightec, Inc. ("Hightec") is in default under the Securities and Exchange Commission's (Commission) Rules of Practice, 155(a)(2) and 220(f), 17 C.F.R. §§ 201.155(a)(2), .220(f), because it failed to cure defects in its answer to the Order Instituting Proceedings ("OIP") which the Commission issued on April 25, 2002, as required by my June 11, 2002, Order. Hightec also failed to make prehearing filings pursuant to my June 18, 2002, Order. Furthermore, Mr. Larry Stockett, in representing Hightec, stated at the July 18, 2002, prehearing conference that Hightec does not contest the facts alleged in the OIP and will accept a default, which has been requested in a motion filed by the Division of Enforcement.
Accordingly, I find that the allegations in the OIP are deemed to be true:
Hightec, now a defunct corporation, has failed to comply with Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder, while its common stock was registered with the Commission in that it has not filed annual reports on Form 10-K and quarterly reports on Form 10-Q for any fiscal period subsequent to its fiscal quarter ended September 30, 1996.
Hightec has failed to comply with Section 13(a) of the Exchange Act and Rule 13a-11 thereunder, while its common stock was registered with the Commission in that it has not filed current reports on Form 8-K regarding the acquisition of majority control of Hightec by Inter Oil Gulf, P.L.C., or the resignation of certain individuals who were members of its board of directors in 1996, but who are no longer directors.
Between about November 1999 and the present, Hightec has failed to comply with Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, by making false and misleading statements in: (1) 16 press releases; (2) a corporate website, www.uscement.com; (3) an investor website, www.ragingbull.com; (4) cable television infomercials; (5) a promotional brochure; and (6) a promotional business plan. All of these materials state or imply that Hightec is a corporation. These statements are materially false and misleading because they do not disclose that, since March 1999, Hightec has been legally defunct due to the State of Delaware's revocation of its corporate charter.
Notwithstanding the foregoing, Hightec's stock is still listed in the "Pink Sheets" published by the National Quotations Bureau, Inc., and is still traded in the over-the-counter market.
I find further that it is necessary and appropriate for the protection of investors to order that Hightec's common stock registration, pursuant to Section 12(j) of the Exchange Act, be revoked.
Accordingly, IT IS HEREBY ORDERED, pursuant to 12(j) of the Securities Exchange Act of 1934, that the common stock registration of Hightec, Inc., be, and it hereby is, REVOKED.
Lillian A. McEwen
Administrative Law Judge
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