2017-02-17 sec-litreleases litigation_release 67 KB 3,846 chars

SEC v. Darrell Glenn Hardaway; and Hardaway Net-Works, Inc., No. LR-23753, Southern District of Texas (Feb. 17, 2017) — Press Release

raw: Darrell Glenn Hardaway and Hardaway Net-Works, Inc.

Darrell Glenn Hardaway and Hardaway Net-Works, Inc., No. 4:17-CV-00529 (Feb. 17, 2017)

Caption
Securities and Exchange Commission v. Darrell Glenn Hardaway and Hardaway Net-Works, Inc.
summary

Darrell Glenn Hardaway and his company Hardaway Net-Works, Inc. conducted a multiyear offering fraud targeting over 100 members of the Global Information Network, raising at least $4.7 million, and agreed to permanent injunctions and an officer/director bar without admitting or denying the allegations.

paragraph

Darrell Glenn Hardaway and his company Hardaway Net-Works, Inc. were charged with conducting a multiyear offering fraud targeting over 100 members of the Global Information Network, raising at least $4.7 million since 2010. Hardaway allegedly used most investor funds for personal expenses, including a $40,000 purchase of a non-operating public shell company. Hardaway and HNW agreed to permanent injunctions, and Hardaway agreed to an officer and director bar, with disgorgement, prejudgment interest, and civil penalties to be determined.

narrative

Darrell Glenn Hardaway and his company Hardaway Net-Works, Inc. were charged by the U.S. Securities and Exchange Commission with conducting a multiyear offering fraud targeting over 100 members of the Global Information Network, a nationwide self-described 'success club'. The scheme, which began in November 2010, raised at least $4.7 million from investors through false promises of securing a national roster of customers and ultimately taking the company public. Hardaway, a high-ranking member of the Global Information Network, exploited members' trust and a non-criticism oath to conceal that investor funds were largely used for his personal expenses and salary, not legitimate business operations. Hardaway also allegedly used $40,000 of investor funds to acquire a non-operating public shell company, Vortronnix Technologies, Inc., and filed false Sarbanes-Oxley certifications despite knowing that the company's financial statements had not been reviewed by its auditor. The SEC alleged violations of multiple sections of the Securities Act of 1933 and the Securities Exchange Act of 1934. Without admitting or denying the allegations, Hardaway and HNW agreed to permanent injunctions, and Hardaway agreed to an officer and director bar, with disgorgement, prejudgment interest, and civil penalties to be determined. The settlement is subject to court approval.

Enriched metadata

Scheme
affinity-fraud (95%)
Court
Southern District of Texas
Case No.
4:17-CV-00529
Outcome
settled
Entity
Darrell Glenn Hardaway
Classified affinity-fraud(confidence 95%). EDGAR detection: forms Form D· recall 58% / precision 2%. detection rule →
Parties
Securities and Exchange CommissionDarrell Glenn HardawayHardaway Net-Works, Inc.
Keywords
hardawayexchangedarrell glennglenn hardawayhardaway net-workssecurities exchangesecuritiesmembershnwsec'shardaway hardawayexchange commissioninvestor fundsincalleges

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 2
  • $4.70M $4.7 million $1M–$10M
  • $40K $40,000 $10K–$100K
Entities 3
  • agency Securities and Exchange Commission
  • organization Securities and Exchange Commission
  • agency the securities and exchange commission
Triples 7
  • The Securities and Exchange Commission announced charges Darrell Glenn Hardaway and his company Hardaway Net-Works, Inc. (HNW)
  • Securities and Exchange Commission charged Darrell Glenn Hardaway and Hardaway Net-Works, Inc. with conducting a multiyear offering fraud targeting fellow members of his 'Success Club'
  • Darrell Glenn Hardaway charged with Conducting Multiyear Offering Fraud
  • Darrell Glenn Hardaway announced charges against Hardaway Net-Works, Inc.
  • Securities and Exchange Commission announced charges against Darrell Glenn Hardaway and Hardaway Net-Works, Inc.
  • Darrell Glenn Hardaway and Hardaway Net-Works, Inc. filed No. 4:17-CV-00529
  • Darrell Glenn Hardaway targeting fellow members of His Success Club
Text layers
Extracted body text (3,846c)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 23753 / February 17, 2017 Securities and Exchange Commission v. Darrell Glenn Hardaway and Hardaway Net-Works, Inc., No. 4:17-CV-00529 (S.D. Tex. filed Feb. 17, 2017) Houston Man Charged with Conducting Multiyear Offering Fraud Targeting Fellow Members of His "Success Club" The Securities and Exchange Commission today announced charges against Darrell Glenn Hardaway and his company Hardaway Net-Works, Inc. (HNW), arising from their role in a multiyear offering fraud targeting members of a nationwide self-described "success club" known as the Global Information Network (GIN). The SEC's complaint, filed in federal court in Houston, Texas, alleges that since November 2010, Hardaway has raised at least $4.7 million from over one hundred investors residing in multiple states through the U.S. Hardaway, who was a high-ranking member in GIN, marketed securities in his company, HNW, to his fellow members. Hardaway focused on GIN members both because they had great trust in him and because they had taken an oath not to criticize him. Hardaway persuaded GIN members to invest in HNW through promises of securing a national roster of customers and ultimately taking the company public. The SEC's complaint alleges that Hardaway's representations were false. In fact, the complaint alleges that Hardaway instead used most investor funds to pay himself a salary and on various personal expenses. As the years passed, Hardaway continued to mislead HNW investors regarding HNW's business prospects, prospects for going public, and the use of investor funds. When victims sought information about their investments, the SEC alleges that he refused to answer their questions, threatened legal action, and cited a GIN-related rule that prohibits members from criticizing each other. Hardaway also allegedly used $40,000 of investor funds to acquire a non-operating public shell company that he renamed Vortronnix Technologies, Inc. While in control of Vortronnix, Hardaway signed the company's Form 10-Q for the third quarter of 2015 and certifications required by Sarbanes-Oxley despite knowing that there had been no review of the company's financial statements by its auditor, as required by SEC rules. Vortronnix's auditor immediately directed Hardaway to withdraw the Form 10-Q, a directive which Hardaway allegedly ignored. Vortronnix did not publicly disclose that the auditor had not reviewed the company's third quarter of 2015 financial statement until 3 1/2 months after the auditor's directive, when Vortronnix filed a Form 8-K announcing the resignation of its auditor. The SEC alleges that Vortronnix remains delinquent in its public reports with the SEC and has never traded publicly. The SEC's complaint charges Hardaway and HNW with violating Sections 5(a) and (c), and Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and charges Hardaway with violating Section 13(b)(5) of the Exchange Act and Exchange Act Rule 13a-14, and aiding and abetting Vortronnix's violations of Sections 13(a) and 13(b)(2)(B) of the Exchange Act and Exchange Act Rules 13a-13 and 13a-15(a). Without admitting or denying the allegations in the SEC's complaint, Hardaway and HNW each agreed to the entry of permanent injunctions and to defer determination of any disgorgement, prejudgment interest, and civil penalties. Hardaway also agreed to the entry of an officer and director bar. The settlement is subject to court approval. The SEC's investigation was conducted by Jeffrey Cohen and Jody Moore of the SEC's Fort Worth Regional Office. The case was supervised by David L. Peavler and David Reece. Christopher Davis will lead the litigation over disgorgement, prejudgment interest and penalties. SEC Complaint
OCR text (3,846c · html-text · 99% conf)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 23753 / February 17, 2017 Securities and Exchange Commission v. Darrell Glenn Hardaway and Hardaway Net-Works, Inc., No. 4:17-CV-00529 (S.D. Tex. filed Feb. 17, 2017) Houston Man Charged with Conducting Multiyear Offering Fraud Targeting Fellow Members of His "Success Club" The Securities and Exchange Commission today announced charges against Darrell Glenn Hardaway and his company Hardaway Net-Works, Inc. (HNW), arising from their role in a multiyear offering fraud targeting members of a nationwide self-described "success club" known as the Global Information Network (GIN). The SEC's complaint, filed in federal court in Houston, Texas, alleges that since November 2010, Hardaway has raised at least $4.7 million from over one hundred investors residing in multiple states through the U.S. Hardaway, who was a high-ranking member in GIN, marketed securities in his company, HNW, to his fellow members. Hardaway focused on GIN members both because they had great trust in him and because they had taken an oath not to criticize him. Hardaway persuaded GIN members to invest in HNW through promises of securing a national roster of customers and ultimately taking the company public. The SEC's complaint alleges that Hardaway's representations were false. In fact, the complaint alleges that Hardaway instead used most investor funds to pay himself a salary and on various personal expenses. As the years passed, Hardaway continued to mislead HNW investors regarding HNW's business prospects, prospects for going public, and the use of investor funds. When victims sought information about their investments, the SEC alleges that he refused to answer their questions, threatened legal action, and cited a GIN-related rule that prohibits members from criticizing each other. Hardaway also allegedly used $40,000 of investor funds to acquire a non-operating public shell company that he renamed Vortronnix Technologies, Inc. While in control of Vortronnix, Hardaway signed the company's Form 10-Q for the third quarter of 2015 and certifications required by Sarbanes-Oxley despite knowing that there had been no review of the company's financial statements by its auditor, as required by SEC rules. Vortronnix's auditor immediately directed Hardaway to withdraw the Form 10-Q, a directive which Hardaway allegedly ignored. Vortronnix did not publicly disclose that the auditor had not reviewed the company's third quarter of 2015 financial statement until 3 1/2 months after the auditor's directive, when Vortronnix filed a Form 8-K announcing the resignation of its auditor. The SEC alleges that Vortronnix remains delinquent in its public reports with the SEC and has never traded publicly. The SEC's complaint charges Hardaway and HNW with violating Sections 5(a) and (c), and Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and charges Hardaway with violating Section 13(b)(5) of the Exchange Act and Exchange Act Rule 13a-14, and aiding and abetting Vortronnix's violations of Sections 13(a) and 13(b)(2)(B) of the Exchange Act and Exchange Act Rules 13a-13 and 13a-15(a). Without admitting or denying the allegations in the SEC's complaint, Hardaway and HNW each agreed to the entry of permanent injunctions and to defer determination of any disgorgement, prejudgment interest, and civil penalties. Hardaway also agreed to the entry of an officer and director bar. The settlement is subject to court approval. The SEC's investigation was conducted by Jeffrey Cohen and Jody Moore of the SEC's Fort Worth Regional Office. The case was supervised by David L. Peavler and David Reece. Christopher Davis will lead the litigation over disgorgement, prejudgment interest and penalties. SEC Complaint