2017-08-02 sec-litreleases litigation_release 67 KB 3,486 chars

SEC v. Robert D. B. Genovese; B.G. Capital Group, Ltd.; Abraham "Avi" Mirman; and Anastasios "Tommy" Belesis, No. LR-23895, Southern District of New York (Aug. 2, 2017) — Press Release

raw: Robert D. B. Genovese, et al.

Robert D. B. Genovese, et al., No. LR-23895 (S.D.N.Y. Aug. 2, 2017)

Caption
SEC v. Robert D. B. Genovese, et al.
summary

Robert Genovese, Abraham "Avi" Mirman, and Genovese's company, B

paragraph

Robert Genovese, Abraham "Avi" Mirman, and Genovese's company, B.G. Capital Group, Ltd., are accused of a manipulative trading scheme involving Liberty Silver Corp. that allegedly generated $17 million in ill-gotten gains. The scheme involved Genovese and Mirman selling Liberty Silver shares to customers while failing to disclose a $2 million loan and Genovese's dumping of millions of shares. Genovese and B.G. Capital are charged with violating multiple sections of the Securities Act and Exchange Act, while Mirman is charged with aiding and abetting these violations. The SEC seeks permanent injunctions, disgorgement, and civil penalties.

narrative

Robert Genovese, Abraham "Avi" Mirman, and Genovese's company, B.G. Capital Group, Ltd., are accused of a manipulative trading scheme involving Liberty Silver Corp. that allegedly generated $17 million in ill-gotten gains. The scheme involved Genovese and Mirman selling Liberty Silver shares to customers while failing to disclose a $2 million loan and Genovese's dumping of millions of shares. Genovese and B.G. Capital are charged with violating multiple sections of the Securities Act and Exchange Act, while Mirman is charged with aiding and abetting these violations. The SEC seeks permanent injunctions, disgorgement, and civil penalties. The U.S. Securities and Exchange Commission charged Robert D. B. Genovese, his company B.G. Capital Group, and Abraham “Avi” Mirman with orchestrating a $17 million penny stock manipulation scheme involving Liberty Silver Corp. between August and October 2012, using undisclosed $2 million loans to broker-dealer John Thomas Financial (JTF) to artificially inflate trading volume and price while secretly dumping millions of shares. Genovese also published misleading newspaper articles promoting the stock without disclosing he paid for them or his financial ties to JTF, while Mirman aided the scheme by facilitating sales to JTF clients without proper disclosures. The SEC alleged violations of Sections 5 and 17(a) of the Securities Act and Sections 9(a) and 10(b) of the Exchange Act, seeking injunctions, disgorgement, interest, and civil penalties. Separately, former JTF CEO Anastasios “Tommy” Belesis settled charges for failing to disclose his conflict of interest in soliciting customer purchases of Genovese’s shares, agreeing to pay over $933,000 in disgorgement, interest, and penalties, plus an industry bar. The SEC’s investigation was led by Margaret D. Spillane and Nancy A. Brown. The U.S. SEC charged Robert D.B. Genovese, his company B.G. Capital Group, and Abraham “Avi” Mirman with orchestrating a $17 million penny stock manipulation scheme involving Liberty Silver Corp. between August and October 2012, using undisclosed $2 million loans to broker-dealer John Thomas Financial (JTF) to artificially inflate trading volume and price while secretly dumping millions of shares. Genovese also published misleading newspaper articles promoting the stock without disclosing he paid for them or his financial ties to JTF, while Mirman aided the scheme by facilitating sales to JTF clients without proper disclosures. The SEC alleged violations of Sections 5 and 17(a) of the Securities Act and Sections 9(a) and 10(b) of the Exchange Act, seeking injunctions, disgorgement, interest, and civil penalties. Separately, former JTF CEO Anastasios “Tommy” Belesis settled charges for failing to disclose his conflict of interest in soliciting customer purchases of Genovese’s shares, agreeing to pay over $933,000 in disgorgement, interest, and penalties, plus an industry bar. The SEC’s investigation was led by Margaret Spillane and Nancy Brown.

Enriched metadata

Scheme
market-manipulation (100%)
Court
Southern District of New York
Outcome
settled · 2017-08-01
Disgorgement
$434,628
Civil penalty
$434,628
Entity
Robert D. B. Genovese
Classified market-manipulation(confidence 100%). EDGAR detection: forms SC 13D/G/13F· recall 53% / precision 9%. detection rule →
Statutes
Sections 5(a), 5(c), and 17(a) of the Securities ActSections 5(a), 5(c), and 17(a) of the Securities ActSections 5(a), 5(c), and 17(a) of the Securities ActSections 9(a)(1) and (2) and 10(b) of the Securities Exchange ActSections 9(a)(1) and (2) and 10(b) of the Securities Exchange ActSections 9(a)(1) and (2) and 10(b) of the Securities Exchange ActSections 9(a)(1) and (2) and 10(b) of the Securities Exchange ActSections 5(a), 5(c), and 17(a)(1) and (3) of the Securities ActSections 5(a), 5(c), and 17(a)(1) and (3) of the Securities ActSections 5(a), (c) and 17(a)(2) of the Securities ActRule 10b-5Rule 10b-5(a)
Parties
Securities and Exchange CommissionRobert D. B. GenoveseB.G. Capital Group, Ltd.Abraham "Avi" MirmanAnastasios "Tommy" Belesis
Keywords
liberty silvergenovesesecurities exchangesecuritieslibertyrobert genovesesections securitiessilverexchangesec'sexchange commissionexchange thereundersecrobertaugust

Exhibits & Attached Documents (2)

Extracted insights

Dollar amounts 4
  • $17.00M $17 Million $10M–$100M
  • $2.00M $2 million $1M–$10M
  • $435K $434,628 $100K–$1M
  • $64K $64,266 $10K–$100K
Entities 14
  • person Abraham "Avi" Mirman
  • court a complaint on august 1, 2017 in federal district court in new york
  • person Anastasios "Tommy" Belesis
  • company B.G. Capital Group, Ltd.
  • person Elzbieta Wraga
  • company fraud and other charges against two individuals and a related company
  • company John Thomas Financial, Inc.
  • person Lara S. Mehraban
  • company Liberty Silver Corp.
  • person Margaret D. Spillane
  • person Nancy a. Brown
  • person Robert D. B. Genovese
  • agency Securities and Exchange Commission
  • person Thomas P. Smith, Jr.
Triples 8
  • SEC charged Robert D. B. Genovese and another individual for a $17 million manipulation scheme involving Liberty Silver Corp. penny stock
  • SEC filed a complaint on August 1, 2017 in federal district court in New York against Robert D. B. Genovese and others
  • SEC charged Robert D. B. Genovese and another individual for a $17 million manipulation scheme involving Liberty Silver Corp. penny stock
  • SEC filed a complaint on August 1, 2017 in federal district court in New York against Robert D. B. Genovese and others
  • The SEC announced fraud and other charges against two individuals and a related company
  • The SEC filed a complaint on August 1, 2017 in federal district court in New York
  • The SEC alleges that Robert D. B. Genovese and others participated in a manipulative trading scheme involving Liberty Silver Corp.
  • The SEC charged two individuals and a related company for their roles in a manipulative trading scheme
PDF (from attached: pdf)
Text layers
Extracted body text (3,486c)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 23895 / August 2, 2017 Securities and Exchange Commission v. Robert D. B. Genovese, et al., No. 17-cv-05821 (S.D.N.Y. filed Aug. 1, 2017) SEC Charges Two Individuals in $17 Million Manipulation Scheme The Securities and Exchange Commission announced fraud and other charges against two individuals and a related company for their roles in a manipulative trading scheme involving Liberty Silver Corp., a penny stock. The SEC's complaint, filed on August 1, 2017 in federal district court in New York, alleges that, Robert Genovese, a Canadian citizen, his company, B.G. Capital Group, Ltd. and Abraham "Avi" Mirman, the former head of investment banking at now-defunct New York broker-dealer John Thomas Financial, Inc. (JTF), were involved in a scheme concerning Liberty Silver in which Genovese sought to increase dramatically the company's share price and volume and sell millions of shares into the market. According to the SEC's complaint, between August and October 2012, Genovese schemed with Mirman to sell Liberty Silver shares to JTF's customers in part by agreeing to loan $2 million indirectly to JTF without disclosing the loan to the customers. The complaint alleges that Genovese also touted Liberty Silver in newspaper articles while failing to disclose that he had paid for the articles, that he was dumping millions of shares of Liberty Silver stock, and the financial arrangements between himself and JTF. It further alleged that Genovese engaged in manipulative trading on a particular day, increasing Liberty Silver's share price and creating the false appearance of liquidity and demand for Liberty Silver stock. The SEC's complaint charges Genovese and B.G. Capital with violating Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 and Sections 9(a)(1) and (2) and 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint also charges Mirman with violating Sections 5(a), 5(c), and 17(a)(1) and (3) of the Securities Act and with aiding and abetting Genovese's and B.G. Capital's violations of Section 17(a)(1) and (3) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5(a) and (c) thereunder. The SEC seeks permanent injunctions, disgorgement of ill-gotten gains plus prejudgment interest thereon, and civil penalties. Separately, on August 1, 2017, Anastasios "Tommy" Belesis, the former CEO of JTF, agreed to settle SEC fraud charges. According to the SEC's order, Belesis misled his customers by soliciting them to purchase Liberty Silver shares beneficially owned by Genovese without disclosing the conflict of interest arising from Belesis's seeking the $2 million loan from Genovese and that Genovese, a major shareholder, was selling a significant portion of his position. The order finds that Belesis willfully violated Sections 5(a), (c) and 17(a)(2) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. Without admitting or denying the findings in the SEC's order, Belesis agreed to the entry of a cease and desist order, to pay disgorgement of $434,628.40, prejudgment interest of $64,266.86 and a civil penalty of $434,628.40, and to an industry bar. The SEC's investigation was conducted by Margaret D. Spillane, Nancy A. Brown, Elzbieta Wraga, and Thomas P. Smith, Jr. and was supervised by Lara S. Mehraban. The litigation will be led by Ms. Spillane and Ms. Brown. SEC Complaint SEC Order
OCR text (3,486c · html-text · 99% conf)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 23895 / August 2, 2017 Securities and Exchange Commission v. Robert D. B. Genovese, et al., No. 17-cv-05821 (S.D.N.Y. filed Aug. 1, 2017) SEC Charges Two Individuals in $17 Million Manipulation Scheme The Securities and Exchange Commission announced fraud and other charges against two individuals and a related company for their roles in a manipulative trading scheme involving Liberty Silver Corp., a penny stock. The SEC's complaint, filed on August 1, 2017 in federal district court in New York, alleges that, Robert Genovese, a Canadian citizen, his company, B.G. Capital Group, Ltd. and Abraham "Avi" Mirman, the former head of investment banking at now-defunct New York broker-dealer John Thomas Financial, Inc. (JTF), were involved in a scheme concerning Liberty Silver in which Genovese sought to increase dramatically the company's share price and volume and sell millions of shares into the market. According to the SEC's complaint, between August and October 2012, Genovese schemed with Mirman to sell Liberty Silver shares to JTF's customers in part by agreeing to loan $2 million indirectly to JTF without disclosing the loan to the customers. The complaint alleges that Genovese also touted Liberty Silver in newspaper articles while failing to disclose that he had paid for the articles, that he was dumping millions of shares of Liberty Silver stock, and the financial arrangements between himself and JTF. It further alleged that Genovese engaged in manipulative trading on a particular day, increasing Liberty Silver's share price and creating the false appearance of liquidity and demand for Liberty Silver stock. The SEC's complaint charges Genovese and B.G. Capital with violating Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 and Sections 9(a)(1) and (2) and 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint also charges Mirman with violating Sections 5(a), 5(c), and 17(a)(1) and (3) of the Securities Act and with aiding and abetting Genovese's and B.G. Capital's violations of Section 17(a)(1) and (3) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5(a) and (c) thereunder. The SEC seeks permanent injunctions, disgorgement of ill-gotten gains plus prejudgment interest thereon, and civil penalties. Separately, on August 1, 2017, Anastasios "Tommy" Belesis, the former CEO of JTF, agreed to settle SEC fraud charges. According to the SEC's order, Belesis misled his customers by soliciting them to purchase Liberty Silver shares beneficially owned by Genovese without disclosing the conflict of interest arising from Belesis's seeking the $2 million loan from Genovese and that Genovese, a major shareholder, was selling a significant portion of his position. The order finds that Belesis willfully violated Sections 5(a), (c) and 17(a)(2) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. Without admitting or denying the findings in the SEC's order, Belesis agreed to the entry of a cease and desist order, to pay disgorgement of $434,628.40, prejudgment interest of $64,266.86 and a civil penalty of $434,628.40, and to an industry bar. The SEC's investigation was conducted by Margaret D. Spillane, Nancy A. Brown, Elzbieta Wraga, and Thomas P. Smith, Jr. and was supervised by Lara S. Mehraban. The litigation will be led by Ms. Spillane and Ms. Brown. SEC Complaint SEC Order