U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 21216 / September 21, 2009
Securities and Exchange Commission v. Uncommon Media Group, Inc., et al., Case No. 04-80272-CIV-HURLEY (S.D. Fla.)
Court Enters Order Dismissing Disgorgement and Civil Penalty Claims Against Defendants Uncommon Media Group, Inc., Lawrence Gallo and Frederick Hornick, Jr.
The Securities and Exchange Commission announced that on September 15, 2009, the Honorable Daniel T.K. Hurley, United States District Court Judge for the Southern District of Florida, entered an order granting the Commission's motion to dismiss its monetary claims against Defendants Uncommon Media Group, Inc., Lawrence Gallo and Frederick Hornick, Jr. The Order, entered pursuant to Federal Rule of Civil Procedure 41(a), dismisses the Commission's claims for disgorgement, prejudgment interest and civil penalties against Uncommon Media a defunct corporation, Gallo, who has been ordered to pay restitution and sentenced to prison in related criminal proceedings and Hornick, who is destitute.
Previously, Uncommon Media, Gallo and Hornick consented to the entry of a judgment permanently enjoining them from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 (Exchange Act), and Section 15(a) of the Exchange Act as to Hornick. In addition, Hornick is barred from participating in any penny stock offering and Gallo is barred from serving as an officer or director of a public company.