U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 18569 / February 6, 2004
Securities and Exchange Commission v. Nutrition Superstores.com, Inc., Advanced Wound Care, Inc., Franchise Direct, Inc., Anthony F. Musso, Jr., Jeffrey Gill, Wayne Santini and Andrew W. Doney, Case No. 02-81116-CIV-MIDDLEBROOKS (S.D. Fla.)
FINAL JUDGMENTS OF PERMANENT INJUNCTION AND OTHER RELIEF ENTERED AGAINST ANTHONY F. MUSSO AND JEFFREY GILL
The Securities and Exchange Commission (SEC) announced that on January 26, 2004, the United States District Court for the Southern District of Florida entered Final Judgments of Permanent Injunction and Other Relief (Final Judgments) against Anthony F. Musso ("Musso") and Jeffrey Gill ("Gill"). The Final Judgments, entered by the consents of Musso and Gill, without admitting or denying the allegations of the SEC's Complaint, enjoin them 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. Additionally, the Final Judgment against Musso permanently bars him from acting as an officer or director of any issuer registered with the SEC and the Final Judgment against Gill provides for an officer director bar for a period of five years. The Final Judgment as to Musso orders him to pay disgorgement in the amount of $98,927.30, but waives all but $75,000 and does not impose a civil penalty based upon the Sworn Statement of Financial Condition submitted by Musso. The Final Judgment as to Gill orders him to pay $74,573.17, plus prejudgment interest in the amount of $2,513.04, and a civil penalty of $50,000.
The SEC commenced this action by filing its Complaint on December 10, 2002 against Musso, Gill 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 Nutrition Superstores.com, Inc. and Advanced Wound Care, Inc. between 1998 and 2001.
See also Litigation Releases No. 17888 (December 10, 2002), 18269 and 18270 (August 4, 2003).