2023-10-13 sec-litreleases litigation_release 68 KB 3,921 chars

SEC v. Frederick L. Sharp; Avtar S. Dhillon; Zhiying Yvonne Gasarch; Courtney Kelln; Mike K. Veldhuis; Paul Sexton, et al., No. LR-25881, District of Massachusetts (Oct. 13, 2023) — Press Release

raw: Frederick L. Sharp et al.,

Frederick L. Sharp et al.,, No. 1:21-cv-11276 (Oct. 13, 2023)

Caption
Securities and Exchange Commission v. Sharp
summary

Avtar S. Dhillon obtained a final judgment for his role in international microcap fraud schemes that generated hundreds of millions of dollars, resulting in a $10 million penalty and a penny stock bar.

paragraph

Avtar S. Dhillon was charged for his complicity in a complex microcap fraud scheme that generated hundreds of millions of dollars through unlawful stock sales. He was ordered to pay over $10 million, comprising $9,143,548 in disgorgement and $1,303,236 in prejudgment interest. The judgment also imposes a permanent injunction and a penny stock bar against him.

narrative

The SEC obtained a final judgment against Avtar S. Dhillon for his role in international microcap fraud schemes masterminded by Frederick L. Sharp. Dhillon, who chaired the boards of four implicated public companies, was complicit in concealing stock control to surreptitiously dump shares into U.S. markets. The schemes collectively generated hundreds of millions of dollars and caused significant harm to global retail investors. To resolve the charges, Dhillon consented to a permanent injunction, a penny stock bar, and a total payment of over $10 million in disgorgement and interest. This amount includes an offset for a separate payment made to the U.S. Attorney’s Office for a criminal action. The enforcement action also involved several other defendants, including Sharp, who faced a $50 million default judgment.

Enriched metadata

Scheme
pump-and-dump (97%)
Court
District of Massachusetts
Case No.
1:21-cv-11276
Disgorgement
$9,143,548
Victim loss
$50,000,000
Entity
Frederick L. Sharp
Classified pump-and-dump(confidence 97%). EDGAR detection: forms S-8/S-1/424B/8-K· recall 69% / precision 12%. detection rule →
Statutes
Sections 5 and 17(a) of the Securities ActSections 5 and 17(a) of the Securities ActSections 10(b), 13(d), and 16(a) of the Securities Exchange ActSections 10(b), 13(d), and 16(a) of the Securities Exchange ActSections 10(b), 13(d), and 16(a) of the Securities Exchange ActSection 17(a)(3) of the Securities ActSections 17(a)(1) and (3) of the Securities ActSections 5(a) and (c) and 17(a)(1) and (3) of the Securities Act
Parties
Securities and Exchange CommissionFrederick L. SharpMike K. VeldhuisWilliam T. KaitzZhiying Yvonne GasarchCourtney KellnAvtar S. DhillonGraham R. TaylorJackson T. FriesenPaul Sexton
Keywords
securitiesdhillonstockfrederick sharpsections securitiesagainstsharpsecurities exchangecontrol personsexchange rulesrules thereunderexchangecontrolfredericksec

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 5
  • $50.00M $50 million $10M–$100M
  • $10.00M $10 million $10M–$100M
  • $9.14M $9,143,548 $1M–$10M
  • $1.49M $1,493,500 $1M–$10M
  • $1.30M $1,303,236 $1M–$10M
Entities 7
  • person avtar s. dhillon
  • person frederick sharp
  • company frederick sharp and his associates
  • person penny stock bar
  • agency Securities and Exchange Commission
  • court u.s. district court for the district of massachusetts
  • person william t. kaitz
Triples 19
  • U.S. District Court For The District Of Massachusetts entered final judgment against Avtar S. Dhillon
  • Securities And Exchange Commission charged Avtar S. Dhillon and eight other defendants for fraudulent schemes
  • Judgment orders Avtar S. Dhillon to pay more than $10 million
  • Frederick Sharp masterminded complex scheme from 2011 to 2019
  • Frederick Sharp And His Associates enabled control persons of microcap companies to conceal control and ownership
  • Avtar S. Dhillon was complicit with group of control persons
  • Avtar S. Dhillon reaped millions in illicit proceeds from illegal sales
  • William T. Kaitz touted stocks that Mike K. Veldhuis, Paul Sexton, and Jackson T. Friesen planned to sell
  • Avtar S. Dhillon has consented to final judgment that permanently enjoins him from violating securities laws
  • Dhillon’s Judgment imposes penny stock bar
  • Dhillon’s Judgment orders him to pay disgorgement of $9,143,548 and prejudgment interest of $1,303,236
  • Avtar S. Dhillon has agreed to pay $1,493,500 to U.S. Attorney’s Office For District Of Massachusetts
  • Court entered judgment by default against Frederick Sharp ordering him to pay more than $50 million
  • Court entered judgments by consent against Graham R. Taylor and William T. Kaitz
  • Court entered judgments against Courtney Kelln and Mike K. Veldhuis in June 2023
  • Court entered judgment against Paul Sexton on September 12, 2023
  • Jury found Zhiying Yvonne Gasarch liable for violating Section 17(a)(3) of the Securities Act
  • Jury found Jackson T. Friesen liable for violations of Sections 10(b) and 13(d) of the Exchange Act
  • Matter was handled by Kathleen Shields, David London, Alfred Day, and Nita Klunder of Boston Regional Office
PDF (from attached: judgment)
Text layers
Extracted body text (3,921c)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25881 / October 13, 2023 Securities and Exchange Commission v. Frederick L. Sharp et al., No. 1:21-cv-11276 (D. Mass. filed August 5, 2021) SEC Obtains Final Judgment Against Participant in International Microcap Fraud Schemes On October 11, 2023, the U.S. District Court for the District of Massachusetts entered a final judgment against California resident Avtar S. Dhillon. The SEC charged Dhillon and eight other defendants for their roles in fraudulent schemes that collectively generated hundreds of millions of dollars from unlawful stock sales and caused significant harm to retail investors in the United States and around the world. Among other relief, the judgment orders Dhillon to pay more than $10 million. According to the SEC’s complaint, Canadian resident Frederick Sharp masterminded a complex scheme from 2011 to 2019 in which he and his associates – Canadian residents Zhiying Yvonne Gasarch and Courtney Kelln – enabled control persons of microcap companies, whose stock was publicly traded in the U.S. securities markets, to conceal their control and ownership of huge amounts of the stock and then surreptitiously dump the stock into the U.S. markets, in violation of federal securities laws. The complaint alleges that one group of control persons, comprising Canadian residents Mike K. Veldhuis, Paul Sexton, and Jackson T. Friesen, frequently collaborated with Sharp to sell massive stock positions while hiding their control positions and stock promotional activities from the investing public. Dhillon, who chaired the boards of directors of four of the public companies whose stocks were fraudulently sold during the schemes, was allegedly complicit with this group of control persons, as well as with Canadian resident Graham R. Taylor. Dhillon allegedly reaped millions in illicit proceeds from those illegal sales. According to the complaint, Maryland resident William T. Kaitz worked as a promoter and allegedly touted stocks that Veldhuis, Sexton, and Friesen simultaneously planned to sell, while concealing their roles. Dhillon has consented to a final judgment that permanently enjoins him from violating Sections 5 and 17(a) of the Securities Act of 1933 and Sections 10(b), 13(d), and 16(a) of the Securities Exchange Act of 1934, and Rules 10b-5, 13d-2, and 16a-3 thereunder. Dhillon’s judgment imposes a penny stock bar and orders him to pay disgorgement of $9,143,548 and prejudgment interest of $1,303,236, with an offset against his disgorgement amount for $1,493,500 Dhillon has agreed to pay to the U.S. Attorney’s Office for the District of Massachusetts in the U.S. v. Dhillon criminal action. The court previously entered a judgment by default against Sharp that, among other relief, ordered him to pay more than $50 million, and judgments by consent against Taylor and Kaitz. The court entered judgments against Kelln and Veldhuis, in June 2023, that imposed injunctions and penny stock bars with any monetary relief to be determined by the court at a later date. The court entered a judgment against Sexton on September 12, 2023 in which Sexton agreed not to contest his liability with any injunctive and monetary relief to be determined by the court at a later date. On September 27, 2023, after a ten-day trial, a jury found Gasarch liable for violating Section 17(a)(3) of the Securities Act and aiding and abetting violations of Section 10(b) of the Exchange Act and Rules 10b-5(a) and (c) thereunder and Sections 17(a)(1) and (3) of the Securities Act. The jury further found Friesen liable for violations of Sections 10(b) and 13(d) of the Exchange Act and Rules 10b-5(a) and (c) and 13d-1 thereunder and Sections 5(a) and (c) and 17(a)(1) and (3) of the Securities Act. The matter was handled by Kathleen Shields, David London, Alfred Day, and Nita Klunder of the Boston Regional Office. SEC Judgment
OCR text (3,921c · html-text · 99% conf)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25881 / October 13, 2023 Securities and Exchange Commission v. Frederick L. Sharp et al., No. 1:21-cv-11276 (D. Mass. filed August 5, 2021) SEC Obtains Final Judgment Against Participant in International Microcap Fraud Schemes On October 11, 2023, the U.S. District Court for the District of Massachusetts entered a final judgment against California resident Avtar S. Dhillon. The SEC charged Dhillon and eight other defendants for their roles in fraudulent schemes that collectively generated hundreds of millions of dollars from unlawful stock sales and caused significant harm to retail investors in the United States and around the world. Among other relief, the judgment orders Dhillon to pay more than $10 million. According to the SEC’s complaint, Canadian resident Frederick Sharp masterminded a complex scheme from 2011 to 2019 in which he and his associates – Canadian residents Zhiying Yvonne Gasarch and Courtney Kelln – enabled control persons of microcap companies, whose stock was publicly traded in the U.S. securities markets, to conceal their control and ownership of huge amounts of the stock and then surreptitiously dump the stock into the U.S. markets, in violation of federal securities laws. The complaint alleges that one group of control persons, comprising Canadian residents Mike K. Veldhuis, Paul Sexton, and Jackson T. Friesen, frequently collaborated with Sharp to sell massive stock positions while hiding their control positions and stock promotional activities from the investing public. Dhillon, who chaired the boards of directors of four of the public companies whose stocks were fraudulently sold during the schemes, was allegedly complicit with this group of control persons, as well as with Canadian resident Graham R. Taylor. Dhillon allegedly reaped millions in illicit proceeds from those illegal sales. According to the complaint, Maryland resident William T. Kaitz worked as a promoter and allegedly touted stocks that Veldhuis, Sexton, and Friesen simultaneously planned to sell, while concealing their roles. Dhillon has consented to a final judgment that permanently enjoins him from violating Sections 5 and 17(a) of the Securities Act of 1933 and Sections 10(b), 13(d), and 16(a) of the Securities Exchange Act of 1934, and Rules 10b-5, 13d-2, and 16a-3 thereunder. Dhillon’s judgment imposes a penny stock bar and orders him to pay disgorgement of $9,143,548 and prejudgment interest of $1,303,236, with an offset against his disgorgement amount for $1,493,500 Dhillon has agreed to pay to the U.S. Attorney’s Office for the District of Massachusetts in the U.S. v. Dhillon criminal action. The court previously entered a judgment by default against Sharp that, among other relief, ordered him to pay more than $50 million, and judgments by consent against Taylor and Kaitz. The court entered judgments against Kelln and Veldhuis, in June 2023, that imposed injunctions and penny stock bars with any monetary relief to be determined by the court at a later date. The court entered a judgment against Sexton on September 12, 2023 in which Sexton agreed not to contest his liability with any injunctive and monetary relief to be determined by the court at a later date. On September 27, 2023, after a ten-day trial, a jury found Gasarch liable for violating Section 17(a)(3) of the Securities Act and aiding and abetting violations of Section 10(b) of the Exchange Act and Rules 10b-5(a) and (c) thereunder and Sections 17(a)(1) and (3) of the Securities Act. The jury further found Friesen liable for violations of Sections 10(b) and 13(d) of the Exchange Act and Rules 10b-5(a) and (c) and 13d-1 thereunder and Sections 5(a) and (c) and 17(a)(1) and (3) of the Securities Act. The matter was handled by Kathleen Shields, David London, Alfred Day, and Nita Klunder of the Boston Regional Office. SEC Judgment