U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 18973 / November 16, , 2004
Securities and Exchange Commission v. FoneCash, Inc., and Daniel E. Charboneau, Civil Action No. 1:02CV00651RJL (D.D.C.)
On November 15, 2004, the Honorable Rosemary M. Collyer, U. S. District Judge for the District of Columbia, entered an Order against defendant Daniel E. Charboneau (Charboneau), restraining and enjoining him from further violations of Section 17(a) of the Securities Act of 1933, Sections 10(b) and 13(a) of the Securities Exchange Act of 1934 and Rules 10b-5, 12b-20, 13a-1 and 13a-13 thereunder. The Court also imposed a civil penalty against Charboneau of $10,470.30.
The Commission's complaint, filed on April 8, 2002, alleged that a registration statement, filed with the Commission by FoneCash, Inc. (FoneCash) in December 2001, and subsequent amendments, signed by Charboneau, the president of FoneCash, contained material misrepresentations and omissions. The misrepresentations included, among other things, the claim that FoneCash manufactured credit card terminals under a specified patent to which it obtained the exclusive rights in 1997, when in fact, the patent had lapsed in 1993. The complaint further alleged that Fonecash maintained a website which grossly misrepresented the company's business and, through Charboneau, had distributed via the internet several misleading press releases which falsely described various mergers and acquisitions.
For tips on how to avoid Internet "pump-and-dump" stock manipulation schemes, visit http://www.sec.gov/investor/online/pump.htm. For more information about Internet fraud, visit http://www.sec.gov/divisions/enforce/internetenforce.htm. To report suspicious activity involving possible Internet fraud, visit http://www.sec.gov/complaint.shtml.