U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 19088 / February 17, 2005
Securities and Exchange Commission v. Carl R. Rose, Frank H. Moss, et al., Civil Action No. H-04-CV-2799
The Commission announced that on December 23, 2004, the United States District Court for the Southern District of Texas entered a Final Judgment against Defendant Frank H. Moss, based on his consent.
In its complaint, the Commission alleged that Moss, along with twelve other individuals, carried out a manipulation of two stocks, EpicEdge, Inc., and EVTC, Inc. Moss was charged with violating the antifraud provisions of the federal securities laws, the stock ownership reporting provisions and the securities registration provisions.
Moss, without admitting or denying the allegations of the complaint, consented to an order of permanent injunction which permanently restrained and enjoined him from violating, directly or indirectly, Sections 5 and 17(a) of the Securities Act of 1933 ("Securities Act"), Sections 10(b), 13(d)(1) and 16(a) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rules 10b-5, 13d-1, 13d-2 and 16a-3 thereunder. Based on the consent, the Court also ordered Moss to pay disgorgement in the amount of $118,178, which was waived based on Moss's financial condition.