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Cono Italiano, Inc. (fka CNOZ) RSS Feed

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Mitchael Brown convicted Felon and CEO of Cono Italiano, Inc
 
Pacer update 07 Apr 16 - USA v. Affa et al CRIMINAL DOCKET FOR CASE #: 1:14-cr-10221

https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl

1:14-cr-10221-WGY USA v. Affa et al
1:14-cr-10221-WGY-1 Michael Affa
1:14-cr-10221-WGY-2 Andrew Affa
1:14-cr-10221-WGY-3 Mitchell Brown
1:14-cr-10221-WGY-4 Christopher Putnam
1:14-cr-10221-WGY-5 Christopher Nix

Date Filed # Docket Text

04/07/2016 179 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 04/07/2016)

04/07/2016 178 Transcript of Sentencing Hearing as to Michael Affa held on February 12, 2016, before Judge William G. Young. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 4/28/2016. Redacted Transcript Deadline set for 5/9/2016. Release of Transcript Restriction set for 7/6/2016. (Scalfani, Deborah) (Entered: 04/07/2016)

04/04/2016 177 ELECTRONIC NOTICE OF RESCHEDULING as to Mitchell Brown. Sentencing reset for 5/2/2016 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 04/04/2016)

04/01/2016 176 Judge William G. Young: ORDER entered: The travel is approved as to Andrew Affa re 175 Letter. (Paine, Matthew) (Entered: 04/01/2016)

03/28/2016 175 Letter (non-motion) regarding PERMISSION TO TRAVEL as to Andrew Affa (Losquadro, Steven) (Entered: 03/28/2016)

United States District Court
District of Massachusetts (Boston)

CRIMINAL DOCKET FOR CASE #: 1:14-cr-10221-WGY All Defendants
Case title: USA v. Affa et al

Magistrate judge case numbers:
1:14-mj-01051-RBC
1:14-mj-01052-RBC
1:14-mj-01053-RBC
1:14-mj-07112-JCB

Date Filed: 07/23/2014
Assigned to: Judge William G. Young

Defendant (1)
Michael Affa
TERMINATED: 02/19/2016
also known as
Michael A. Affa
TERMINATED: 02/19/2016
represented by Robert M. Goldstein
20 Park Plaza, Suite 1000
Boston, MA 02116
617-742-9015
Fax: 617-742-9016
Email: rmg@goldstein-lawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371...CONSPIRACY TO COMMIT SECURITIES FRAUD AND WIRE FRAUD
(1) The defendant is sentenced to 33 months in custody of Bureau of Prisons on each count, each count to run concurrently with each other, to be followed by 36 months of supervised release with standard and special conditions. $700 special assessment. $1,000,000 fine.
15:78j(b), 78(ff); 17 C.F.R. SEC. 240.10b5; AND 18:2...SECURITIES FRAUD
(2) The defendant is sentenced to 33 months in custody of Bureau of Prisons on each count, each count to run concurrently with each other, to be followed by 36 months of supervised release with standard and special conditions. $700 special assessment. $1,000,000 fine.
18:1343, 1349, AND 2...WIRE FRAUD
(3-7) The defendant is sentenced to 33 months in custody of Bureau of Prisons on each count, each count to run concurrently with each other, to be followed by 36 months of supervised release with standard and special conditions. $700 special assessment. $1,000,000 fine.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
18:371 - CONSPIRACY
Assigned to: Judge William G. Young

Defendant (2)
Andrew Affa
also known as
Andrew J. Affa
epresented by Steven E. Losquadro
649 Route 25A
Suite 4
Rocky Point, NY 11778
631-744-9070
Fax: 631-744-9421
Email: losquadrolaw@aol.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

William H. Connolly
Law Offices of William H. Connolly
20 Park Plaza
Suite 1000
Boston, MA 02210
617-542-0200
Email: whc@williamconnollylaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371...CONSPIRACY TO COMMIT SECURITIES FRAUD AND WIRE FRAUD
(1)
15:78j(b), 78(ff); 17 C.F.R. SEC. 240.10b5; AND 18:2...SECURITIES FRAUD
(2)
18:1343, 1349, AND 2...WIRE FRAUD
(3-7)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
18:371 - CONSPIRACY
Assigned to: Judge William G. Young

Defendant (3)
Mitchell Brown
also known as
Mitchell H. Brown
represented by Richard Roth
The Roth Law Firm, PLLC
295 Madison Avenue
Floor 22
New York, NY 10017
(212) 542-8882
Fax: (212) 542-8883
Email: rich@rrothlaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Danielle Pomeraniec
The Roth Law Firm, PLLC
295 Madison Avenue
Floor 22
New York, NY 10017
(212) 542-8882
Fax: (212) 542-8883
Email: danielle@rrothlaw.com
TERMINATED: 06/01/2015
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Robert S. Messinger
Nystrom Beckman & Paris LLP
One Marina Park Drive, 15th Flr.
Boston, MA 02210
617-778-9104
Fax: 617-778-9110
Email: robert.messinger@gmail.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371...CONSPIRACY TO COMMIT SECURITIES FRAUD AND WIRE FRAUD
(1)
15:78j(b), 78(ff); 17 C.F.R. SEC. 240.10b5; AND 18:2...SECURITIES FRAUD
(2)
18:1343, 1349, AND 2...WIRE FRAUD
(3-7)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
18:371 - CONSPIRACY
Assigned to: Judge William G. Young

Defendant (4)
Christopher Putnam
also known as
Christopher R. Putnam
represented by Joshua Robert Hanye
Federal Public Defender's Office
5th Floor
51 Sleeper Street
Boston, MA 02210
617-223-8061
Email: joshua_hanye@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Pending Counts
Disposition
18:371...CONSPIRACY TO COMMIT SECURITIES FRAUD AND WIRE FRAUD
(1)
15:78j(b), 78(ff); 17 C.F.R. SEC. 240.10b5; AND 18:2...SECURITIES FRAUD
(2)
18:1343, 1349, AND 2...WIRE FRAUD
(3-7)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
18 U.S.C. § 371 Conspiracy to Commit Securities Fraud.
Assigned to: Judge William G. Young

Defendant (5)
Christopher Nix
also known as
Gabe Nix
also known as
Christopher G. Nix
represented by Jonathan L. Kotlier
Nutter, McClennen & Fish, LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2604
617-439-2000
Fax: 617-310-9683
Email: jkotlier@nutter.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Andrew R. McArdell
Nutter, McClennen & Fish, LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2604
617-439-2339
Email: amcardell@nutter.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371...CONSPIRACY TO COMMIT SECURITIES FRAUD AND WIRE FRAUD
(1)
15:78j(b), 78(ff); 17 C.F.R. SEC. 240.10b5; AND 18:2...SECURITIES FRAUD
(2)
18:1343, 1349, AND 2...WIRE FRAUD
(3-7)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
18 U.S.C. § 371 Conspiracy to Commit Securities Fraud.

Plaintiff
USA
represented by Eric A. Forni
United States Attorney's Office MA
Suite 9200
1 Courthouse Way
Boston, MA 02210
617-573-8827
Email: eric.forni@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Vassili Thomadakis
US Attorney's Office - MA
J. Joseph Moakley U.S. Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3248
Email: vassili.thomadakis@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Andrew J. Palid
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
(617) 573-4540
Email: palida@sec.gov
ATTORNEY TO BE NOTICED

https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl 

  Wednesday, 03/23/16 04:55:43 PM
Re: scion post# 105784
Post # of 105869

The Securities and Exchange Commission announced that the federal court in Boston, Massachusetts today entered judgments by consent against Andrew J. Affa, Michael A. Affa, Mitchell H. Brown, Christopher R. Putnam, and Christopher G. Nix in a fraud action that was filed in July 2014. The fraud involved an attempt to manipulate shares of Boston, Massachusetts-based Amogear Inc. that was caught by an FBI undercover operation.


U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 23495 / March 23, 2016

Securities and Exchange Commission v. Michael Affa, Andrew Affa, Mitchell Brown, Christopher Putnam, and Christopher Nix, Civil Action No. 14-cv-12959 (D. Mass. July 11, 2014)

Judgments Entered Against Five Defendants in Microcap Manipulation Scheme

The Securities and Exchange Commission announced that the federal court in Boston, Massachusetts today entered judgments by consent against Andrew J. Affa, Michael A. Affa, Mitchell H. Brown, Christopher R. Putnam, and Christopher G. Nix in a fraud action that was filed in July 2014. The fraud involved an attempt to manipulate shares of Boston, Massachusetts-based Amogear Inc. that was caught by an FBI undercover operation.

All five defendants were permanently enjoined from violating the securities antifraud statutes and barred from participating in offerings of penny stock.

The Commission's complaint alleged that defendants knew that Amogear was a shell company without any real operations, but schemed from at least August 2012 to February 2014 to boost the price of its securities and profit by selling their own shares. The planned scheme involved artificially inflating the price of Amogear stock by, among other things, a) issuing news releases and/or promotional materials containing false or exaggerated information, b) generating mass emails containing false or exaggerated information, and c) engaging in undisclosed coordinated trading of the stock, all designed to generate the appearance of demand for the stock and to increase the price of the stock. The next stage of the scheme was planned to be the sale of the stock at artificially high prices to unsuspecting investors. What the defendants did not know was that the FBI controlled Amogear and used it to obtain evidence of attempted stock manipulation. On February 10, 2014, the SEC temporarily suspended trading in Amogear's securities as the attempted stock manipulation was underway.

The judgments in the Commission's action permanently enjoin all defendants from violating Section 17(a)(1) and (3) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5(a) and (c) thereunder. The judgments also prohibit all five defendants from participating in any offering of penny stock, pursuant to Section 21(d)(6) of the Exchange Act.

In a parallel criminal action prosecuted by the Massachusetts U.S. Attorney's Office, all five defendants have entered guilty pleas to one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, and five counts of wire fraud. Michael Affa was sentenced on February 12, 2016; the other defendants await sentencing.

For further information, see Litigation Release Nos. 23469 (Feb. 17, 2016) (M. Affa sentencing) and 23041 (July 11, 2014) (complaint).     
  
 
 
 
 


 

   

 

 

 





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