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the Plan seeks to compensate investors who were harmed by the Respondents’ misstatement of revenues in filings with the Commission
investors will be compensated for their net trading losses on shares of Brooge common stock registered with the Commission and traded under the symbol BROG (the “Security”) that were purchased between December 20, 2019 and December 21, 2023, inclusive (the “Relevant Period”).
On December 22, 2023, the Commission issued the Order, which instituted and simultaneously settled cease-and-desist proceedings against Brooge, a publicly-traded company that owns and operates an oil storage facility in Fujairah, United Arab Emirates
In the Order, the Commission found that that Brooge went public through a special purpose acquisition company (“SPAC”) transaction in December 2019.
From 2018 through early 2021, before and after going public, between thirty and eighty percent of Brooge’s revenues were unsupported and materially misstated.
After the SPAC transaction, Brooge registered the offer and sale of up to $500 million in different types of securities with the Commission and an affiliate of the company issued $200 million in 5-year senior secured bonds in the Nordic bond market.
The Commission found that Paardenkooper and Saheb knew, or were reckless in not knowing, of this accounting fraud.
The Commission ordered Brooge to pay a civil money penalty of $5,000,000.00 and ordered Paardenkooper and Saheb to each pay a civil money penalty of $100,000.00, for a collective total of $5,200,000.00 to the Commission.
The Commission also created the Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the penalties collected can be distributed to harmed investors.
Respondents have paid in full.
The Fair Fund has been deposited in a Commission-designated account at the United States Department of the Treasury, and any accrued interest will be added to the Fair Fund.