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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2009-117
June 19, 2009

ENFORCEMENT PROCEEDINGS

In the Matter of Nanosignal Corp., Inc., et al.

An Administrative Law Judge issued an Order Making Findings and Revoking Registrations by Default in Nanosignal Corp., Inc. (n/k/a Nano Global, Inc.), Admin. Proc. 3-13476 (June 19, 2009) (Default Order) The Default Order finds that five Respondents failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 13a-1 and 13a-13 or 13a-16 thereunder by failing to file required periodic reports with the Securities and Exchange Commission. Based on these findings, the Default Order revokes the registrations of each class of registered securities of Nanosignal Corp., Inc. (n/k/a Nano Global, Inc.), NetVoice Technologies Corp., The New Anaconda Co., NewCom International, Inc. (n/k/a Sino Express Travel Ltd.), and NewKidCo International, Inc. (Rel. 34-60141; File No. 3-13476)


In the Matter of Global Matrechs, Inc.

An Administrative Law Judge has issued an Order Making Findings and Revoking Registration by Default (Default Order) in Global Matrechs, Inc., Administrative Proceeding No. 3-13420. The Order Instituting Proceedings alleged that Global Matrechs, Inc., failed repeatedly to file required annual and quarterly reports while its securities were registered with the Securities and Exchange Commission. The Default Order finds these allegations to be true and revokes the registration of each class of registered securities of Global Matrechs, Inc., pursuant to Section 12(j) of the Securities Exchange Act of 1934. (Rel. 34-60142; File No. 3-13420)


In the Matter of Hamilton Digital Controls, Inc., et al.

An Administrative Law Judge issued an Order Making Findings and Revoking Registrations by Default in Hamilton Digital Controls, Inc., Admin. Proc. 3-13460 (June 19, 2009) (Default Order). The Default Order finds that Haven Holding, Inc. (n/k/a Haven Holdings I, Inc.), and Helm Capital Group, Inc., failed to comply with Section 13(a) of the Securities Exchange Act of 1934 and Rules 13a-1 and 13a-13 thereunder by failing to file required periodic reports with the Securities and Exchange Commission. Based on these findings, the Default Order revokes the registrations of each class of registered securities of Haven Holding, Inc. (n/k/a Haven Holdings I, Inc.), and Helm Capital Group, Inc. (Rel. 34-60145; File No. 3-13460)


In the Matter of Total Film Group, Inc., et al.

An Administrative Law Judge issued an Order Making Findings and Revoking Registrations by Default in Total Film Group, Inc., Admin. Proc. 3-13474 (June 19, 2009) (Default Order). The Default Order finds that six Respondents failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Exchange Act Rules 13a-1 and 13a-13 or 13a-16 by failing to file required periodic reports with the Securities and Exchange Commission. Based on these findings, the Default Order revokes the registrations of each class of registered securities of Total Film Group, Inc., Track 'n Trail, Inc., Trade Wind Communications, Ltd., Transmedia Europe, Inc., Treasury International, Inc., and Tri National Development Corp. (Rel. 34-60148; File No. 3-13474)


SEC Charges Two Accountants and Antiguan Regulator for Roles in Stanford Ponzi Scheme

On June 19, the Securities and Exchange Commission charged two accountants who produced bogus financial statements and an Antiguan regulator who took bribes to look the other way as Robert Allen Stanford conducted an alleged $8 billion Ponzi scheme.

The SEC previously charged Stanford and his companies - Antiguan-based Stanford International Bank (SIB), Houston-based broker-dealer and investment adviser Stanford Group Company (SGC), and investment adviser Stanford Capital Management - as well as SIB chief financial officer James Davis and Stanford Financial Group chief investment officer Laura Pendergest-Holt with securities fraud in an enforcement action filed in federal court in Dallas on February 17.

The SEC amended its complaint today to additionally charge Mark Kuhrt and Gilberto Lopez, accountants for Stanford-affiliated companies who allegedly fabricated financial statements to give investors the false illusion that their investments were solid, safe and secure. The SEC also charged Leroy King, the administrator and chief executive officer of Antigua's Financial Services Regulatory Commission (FSRC), for accepting thousands of dollars per month in bribes to ignore the Stanford Ponzi scheme and supply Stanford himself with confidential information about the SEC's investigation. King obstructed the SEC's case since 2005, when its investigation into Stanford began.

According to the SEC's complaint, Kuhrt and Lopez used a pre-determined return on investment number (typically provided by Stanford or Davis) to reverse-engineer the SIB's financial statements and report investment income that the bank did not actually earn. Information in SIB's financial statements and annual reports to investors bore no relationship to the actual performance of the bank investments.

The SEC's complaint alleges that King facilitated the Ponzi scheme by ensuring that the FSRC conducted sham audits and examinations of SIB's books and records. In exchange for bribes paid to him over a period of several years, King made sure that the FSRC did not examine SIB's investment portfolio. King also provided Stanford with access to the FSRC's confidential regulatory files on him, including the SEC's requests for information from FSRC in its investigation. King went so far as to allow Stanford to essentially dictate the FSRC's responses to the SEC on those information requests. King made false assurances that there was no cause for concern about Stanford International Bank. He collaborated with Stanford to withhold significant information being requested by the SEC.

The SEC's complaint charges the defendants with violating and/or aiding and abetting violations of Section 17(a) of the Securities Act of 1933; Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder; Sections 206(1) and 206(2) of the Investment Advisers Act of 1940; and Section 7(d) of the Investment Company Act of 1940. The SEC's action seeks permanent injunctions, financial penalties, and disgorgement of ill-gotten proceeds plus prejudgment interest. [SEC v. Stanford International Bank, Ltd., et al., Civil Action No. 3:09-cv-0298, USDC, NDTX] (LR-21092)


SELF-REGULATORY ORGANIZATIONS

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by NYSE Amex (SR-NYSEAmex-2009-25) amending its Schedule of Fees and Charges for Exchange Services by adding a Ratio Threshold Fee has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60117)

A proposed rule change filed by the NYSE Amex (SR-NYSEAmex-2009-28) to make available without charge the NYSE Amex OpenBookTM datafeeds has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60123)

A proposed rule change filed by New York Stock Exchange extending until July 15, 2009, the operation of Interim NYSE Rule 128, which permits the Exchange to cancel or adjust clearly erroneous executions (SR-NYSE-2009-57) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60131)


Proposed Rule Changes

NYSE Amex filed a proposed rule change under Rule 19b-4 (SR-NYSEAmex-2009-26) to charge a $500 monthly fee to recipients of the NYSE Amex Order Imbalance Information datafeed. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60122)

The Chicago Board Options Exchange filed a proposed rule change (SR-CBOE-2009-038) under Rule 19b-4 of the Exchange Act relating to the complex order book. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60130)

The Commission issued notice of a proposed rule change submitted by Financial Industry Regulatory Authority (SR-FINRA-2009-014) pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 to adopt FINRA Rule 2150 (regarding improper use of customers' securities or funds and prohibition against guarantees and sharing in accounts) in the consolidated FINRA rulebook. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60135)


Approval of Proposed Rule Changes

The Commission issued an order granting approval to a proposed rule change (SR-CBOE-2008-55), as modified by Amendment No. 1, filed by the Chicago Board Options Exchange relating to its margin requirements. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60126)

The Commission issued an order granting approval to a proposed rule change (SR-ISE-2007-121), as modified by Amendment No. 1, filed by the International Securities Exchange relating to its margin requirements. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60127)

The Commission approved a proposed rule change (SR-CBOE-2009-030) submitted by the Chicago Board Options Exchange pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 regarding appointments of CBSX DPMs. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60129)

The Commission has approved a proposed rule change (SR-FINRA-2009-015) filed by the Financial Industry Regulatory Authority to establish procedures to expedite the administration of promissory note cases. Publication is expected in the Federal Register during the week of June 22. (Rel. 34-60132)


SECURITIES ACT REGISTRATIONS


RECENT 8K FILINGS

 

http://www.sec.gov/news/digest/2009/dig061909.htm


Modified: 06/19/2009