U.S. Securities and Exchange Commission
Litigation Release No. 18270 / August 4, 2003
Securities and Exchange Commission v. Nutrition Superstores.com, Inc., Advanced Wound Care, Inc., Franchise Direct, Inc., Anthony F. Musso, Jr., Jeffery Gill, Wayne Santini and Andrew W. Doney, Case No. 02-81116-CIV-MIDDLEBROOKS (S.D. Fla.)
Final Judgments of Permanent Injunction and Other Relief Against Nutrition Superstores.com, Inc., Advanced Wound Care, Inc. and Wayne Santini
The Securities and Exchange Commission (SEC) announced that on December 17, 2002, the United States District Court for the Southern District of Florida entered Final Judgments of Permanent Injunction and Other Relief (Final Judgments) against Nutrition Superstores.Com, Inc. (NSS) and Advanced Wound Care, Inc. (AWC), Florida corporations, and Wayne Santini (Santini), CEO and director of AWC (collectively Defendants). The Final Judgments, entered by the consents of NSS, AWC and Santini, without admitting or denying the allegations of the SEC's Complaint, enjoin NSS, AWC and Santini from violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. In addition to injunctive relief, the Final Judgments also order NSS, AWC and Santini to pay disgorgement in the amounts of $8.5 million, $2 million and $79,636, respectively, but waive payment of disgorgement and do not impose civil penalties based upon the Sworn Statements of Financial Condition submitted by NSS, AWC and Santini. Finally, the Final Judgment entered against Santini also permanently bars Santini from serving as an officer or director of a public company.
The SEC commenced this action by filing its Complaint on December 10, 2002 against NSS, AWC, Santini and others alleging that Defendants violated the anti-fraud and registration provisions of the federal securities laws in connection with the offer and sale of securities in NSS and AWC between 1998 and 2001.
See also Litigation Release No. 17888 (December 10, 2002).