SEC v. Rapid Therapeutic Science Laboratories, Inc.; and Donal R. Schmidt, Jr., No. LR-25832, Northern District of Texas (Sept. 18, 2023) — Press Release
raw: Rapid Therapeutic Science Laboratories, Inc. and Donal R. Schmidt, Jr.
Rapid Therapeutic Science Laboratories, Inc. and Donal R. Schmidt, Jr., No. 3:23-cv-02081 (Sept. 18, 2023)
The SEC filed a civil action against Rapid Therapeutic Science Laboratories and CEO Donal R. Schmidt, Jr. for fraudulent unregistered securities offerings that raised $3.25 million.
The SEC alleges that Rapid and Schmidt misled over 50 investors by fabricating manufacturing certifications and misrepresenting Nasdaq listing approvals. The defendants face charges for violating several anti-fraud and securities-registration provisions of the Securities Act of 1933 and the Exchange Act of 1934. The agency is seeking permanent injunctions, civil penalties, disgorgement of ill-gotten gains, and an officer-and-director bar against Schmidt.
The SEC has filed a civil action against Rapid Therapeutic Science Laboratories, Inc. and its CEO, Donal R. Schmidt, Jr., alleging they conducted fraudulent unregistered securities offerings. These offerings raised at least $3.25 million from more than 50 investors across 15 states. The complaint alleges the defendants fabricated a manufacturing certification board, falsely claimed to have secured major sales contracts, and misrepresented Nasdaq listing approvals. Additionally, the company allegedly exaggerated professional credentials and ignored FDA warnings regarding the safety of its CBD inhalers. The SEC has charged the defendants with violating various anti-fraud and registration provisions of the Securities Act of 1933 and the Exchange Act of 1934. The agency is seeking permanent injunctions, civil penalties, and the disgorgement of ill-gotten gains. Furthermore, the SEC is pursuing an officer-and-director bar and a penny-stock bar against Schmidt.
Exhibits & Attached Documents (1)
Extracted insights
- $3.25M $3.25 million $1M–$10M
- person b. david fraser
- court civil action in u.s. district court for the northern district of texas
- person jason rose
- person schmidt business associate
- agency sec’s complaint
- agency sec’s investigation
- agency Securities and Exchange Commission
- Securities And Exchange Commission filed civil action in U.S. District Court For The Northern District Of Texas
- Rapid Therapeutic Science Laboratories, Inc. And Donal R. Schmidt, Jr. engaged in fraudulent unregistered securities offerings that raised at least $3.25 million from more than 50 investors in 15 states
- Rapid And Schmidt made statements false impression that Cannabinoid Multi Dose Inhaler Certification Board certified Rapid’s compliance with manufacturing standards relating to public health and safety
- Schmidt Business Associate invented Cannabinoid Multi Dose Inhaler Certification Board
- Schmidt Business Associate conferred so‑called certification upon Rapid
- Rapid And Schmidt falsely claimed company had secured major sales contracts
- Rapid completed new laboratory that met ISO 13485
- Schmidt exaggerated academic and professional credentials of Rapid’s Chief Science Officer
- Rapid And Schmidt claimed Rapid’s CBD inhalers focus on safe, legal, and effective active pharmaceutical ingredients and serve as safe replacements for vape pens
- Rapid And Schmidt claimed Nasdaq had approved Rapid’s listing application pending pricing requirements being met
- Nasdaq never granted any such approval
- SEC’s Complaint charges Rapid and Schmidt with violating securities‑registration provisions of Sections 5(a) and 5(c) of the Securities Act, anti‑fraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act, and issuer‑reporting and certification provisions of Section 13(a) of the Exchange Act
- SEC is seeking permanent injunctions, civil penalties, and disgorgement of ill‑gotten gains with prejudgment interest against each defendant and an officer‑and‑director bar and a penny‑stock bar against Schmidt
- Catherine Floyd And Jody Z. Moore conducted SEC’s investigation
- Timothy S. McCole And Eric R. Werner supervised investigation
- Jason Rose is leading litigation
- B. David Fraser is supervising litigation
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25832 / September 18, 2023 Securities and Exchange Commission v. Rapid Therapeutic Science Laboratories, Inc. and Donal R. Schmidt, Jr., No. 3:23-cv-02081 (N.D. Tex. filed Sept. 18, 2023) SEC Charges Texas CBD-Inhaler Company and Its CEO in Fraudulent Securities Offerings The Securities and Exchange Commission announced that on September 18, 2023, it filed a civil action in U.S. District Court for the Northern District of Texas, alleging that Rapid Therapeutic Science Laboratories, Inc. and its CEO, Donal R. Schmidt, Jr., engaged in fraudulent unregistered securities offerings that raised at least $3.25 million from more than 50 investors in 15 states. Rapid is a publicly traded company based in Dallas, Texas, that manufactures and sells inhaler devices containing cannabidiol (“CBD”), a substance derived from the hemp plant. According to the SEC’s complaint, Rapid and Schmidt made statements in a Rapid press release and in numerous Rapid SEC filings conveying the false impression that an industry-standards board, the Cannabinoid Multi Dose Inhaler Certification Board (“CMDICB”), certified Rapid’s compliance with manufacturing standards relating to public health and safety. In reality, a Schmidt business associate who owned Rapid shares simply invented the CMDICB and unilaterally conferred the so-called certification upon Rapid. The complaint further alleges that Rapid and Schmidt falsely claimed in Rapid press releases that the company had secured major sales contracts, that Rapid had completed a new laboratory that met international standard “ISO 13485,” and that Schmidt exaggerated the academic and professional credentials of Rapid’s Chief Science Officer. The complaint also alleges that, in investor communications, Rapid and Schmidt claimed that Rapid’s CBD inhalers “focus on safe, legal, and effective active pharmaceutical ingredients” and serve as “safe replacements for vape pens,” despite an FDA warning letter concerning the safety and the legality of Rapid’s inhalers. Finally, the complaint alleges that Rapid and Schmidt claimed in investor communications that the Nasdaq had approved Rapid’s listing application “pending pricing requirements being met.” In reality, the Nasdaq never granted any such approval. The SEC’s complaint charges Rapid and Schmidt with violating the securities-registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933 (Securities Act), the anti-fraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder, and the issuer-reporting and certification provisions of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, 13a-13, and 13a-14 thereunder. The SEC is seeking permanent injunctions, civil penalties, and disgorgement of ill-gotten gains with prejudgment interest against each defendant and an officer-and-director bar and a penny-stock bar against Schmidt. The SEC’s investigation was conducted by Catherine Floyd and Jody Z. Moore of the SEC’s Fort Worth Regional Office, under the supervision of Timothy S. McCole and Eric R. Werner. The litigation is being led by Jason Rose and supervised by B. David Fraser. SEC Complaint
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25832 / September 18, 2023 Securities and Exchange Commission v. Rapid Therapeutic Science Laboratories, Inc. and Donal R. Schmidt, Jr., No. 3:23-cv-02081 (N.D. Tex. filed Sept. 18, 2023) SEC Charges Texas CBD-Inhaler Company and Its CEO in Fraudulent Securities Offerings The Securities and Exchange Commission announced that on September 18, 2023, it filed a civil action in U.S. District Court for the Northern District of Texas, alleging that Rapid Therapeutic Science Laboratories, Inc. and its CEO, Donal R. Schmidt, Jr., engaged in fraudulent unregistered securities offerings that raised at least $3.25 million from more than 50 investors in 15 states. Rapid is a publicly traded company based in Dallas, Texas, that manufactures and sells inhaler devices containing cannabidiol (“CBD”), a substance derived from the hemp plant. According to the SEC’s complaint, Rapid and Schmidt made statements in a Rapid press release and in numerous Rapid SEC filings conveying the false impression that an industry-standards board, the Cannabinoid Multi Dose Inhaler Certification Board (“CMDICB”), certified Rapid’s compliance with manufacturing standards relating to public health and safety. In reality, a Schmidt business associate who owned Rapid shares simply invented the CMDICB and unilaterally conferred the so-called certification upon Rapid. The complaint further alleges that Rapid and Schmidt falsely claimed in Rapid press releases that the company had secured major sales contracts, that Rapid had completed a new laboratory that met international standard “ISO 13485,” and that Schmidt exaggerated the academic and professional credentials of Rapid’s Chief Science Officer. The complaint also alleges that, in investor communications, Rapid and Schmidt claimed that Rapid’s CBD inhalers “focus on safe, legal, and effective active pharmaceutical ingredients” and serve as “safe replacements for vape pens,” despite an FDA warning letter concerning the safety and the legality of Rapid’s inhalers. Finally, the complaint alleges that Rapid and Schmidt claimed in investor communications that the Nasdaq had approved Rapid’s listing application “pending pricing requirements being met.” In reality, the Nasdaq never granted any such approval. The SEC’s complaint charges Rapid and Schmidt with violating the securities-registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933 (Securities Act), the anti-fraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder, and the issuer-reporting and certification provisions of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, 13a-13, and 13a-14 thereunder. The SEC is seeking permanent injunctions, civil penalties, and disgorgement of ill-gotten gains with prejudgment interest against each defendant and an officer-and-director bar and a penny-stock bar against Schmidt. The SEC’s investigation was conducted by Catherine Floyd and Jody Z. Moore of the SEC’s Fort Worth Regional Office, under the supervision of Timothy S. McCole and Eric R. Werner. The litigation is being led by Jason Rose and supervised by B. David Fraser. SEC Complaint