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10/14/2014 125 REPLY to Response to 114 MOTION to Compel filed by Jean-Francois Amyot. (Bartlett, Timothy) (Entered: 10/16/2014)
Doc 125 PDF file
https://www.scribd.com/doc/243336902/SEC-v-Spencer-Pharmaceutical-Inc-et-al-Doc-125-filed-14-Oct-14-pdf
10/16/2014 127 MOTION to appear telephonically at the Scheduling Conference on Monday, October 22, 2014, at 2:30 p.m. re 112 Procedural Order re pretrial/trial, Set Trial Management Order Deadlines, by Jean-Francois Amyot.(MacDonald, Gail) (Entered: 10/16/2014)
Doc 127 PDF file
https://www.scribd.com/doc/243337761/SEC-v-Spencer-Pharmaceutical-Inc-et-al-Doc-127-filed-16-Oct-14-pdf
10/16/2014 128 RESPONSE to Motion re 127 MOTION to appear telephonically at the Scheduling Conference on Monday, October 22, 2014, at 2:30 p.m. re 112 Procedural Order re pretrial/trial, Set Trial Management Order Deadlines,, filed by Securities and Exchange Commission. (Kelly, Rua) (Entered: 10/16/2014)
Doc 128 PDF file
https://www.scribd.com/doc/243337850/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-128-Filed-16-Oct-14
Pacer update 1 Oct 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
10/16/2014 128 RESPONSE to Motion re 127 MOTION to appear telephonically at the Scheduling Conference on Monday, October 22, 2014, at 2:30 p.m. re 112 Procedural Order re pretrial/trial, Set Trial Management Order Deadlines,, filed by Securities and Exchange Commission. (Kelly, Rua) (Entered: 10/16/2014)
10/16/2014 127 MOTION to appear telephonically at the Scheduling Conference on Monday, October 22, 2014, at 2:30 p.m. re 112 Procedural Order re pretrial/trial, Set Trial Management Order Deadlines, by Jean-Francois Amyot.(MacDonald, Gail) (Entered: 10/16/2014)
10/14/2014 125 REPLY to Response to 114 MOTION to Compel filed by Jean-Francois Amyot. (Bartlett, Timothy) (Entered: 10/16/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-IT
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge Indira Talwani
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
Rua M. Kelly
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8941
Email: kellyru@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Jean-Francois Amyot
315 Chemin Claude Lefebvre
Mont-Tremblant,
Quebec, CANADA
H3B 4R4
PRO SE
Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by IAB Media Inc.
PRO SE
Faun M. Phillipson
(See above for address)
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
10/10/2014 122 PRETRIAL MEMORANDUM by Securities and Exchange Commission. (Kelly, Rua) (Entered: 10/10/2014)
Doc 122 PDF file
https://www.scribd.com/doc/242855668/SEC-v-Spencer-Pharmaceutical-Inc-et-al-Doc-122-filed-10-Oct-14-pdf
Pacer update 10 Oct 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
10/10/2014 124 Copy re 123 Order on Motion to Compel mailed to Jean-Francois Amyot 315 Chemin Claude Lefebvre Mont-Tremblant, Quebec,, CANADA H3B 4R4 to be mailed on 10/14/14. (MacDonald, Gail) (Entered: 10/10/2014)
10/10/2014 123 Judge Indira Talwani: ORDER entered denying 114 Motion to Compel. See attached Order. (MacDonald, Gail) (Entered: 10/10/2014)
10/10/2014 122 PRETRIAL MEMORANDUM by Securities and Exchange Commission. (Kelly, Rua) (Entered: 10/10/2014)
10/08/2014 121 MEMORANDUM in Support re 120 MOTION for Default Judgment as to Defendants Spencer Pharmaceutical Inc., IAB Media Inc., and Hilbroy Advisory Inc. filed by Securities and Exchange Commission. (Huntington, Franklin) (Entered: 10/08/2014)
10/08/2014 120 MOTION for Default Judgment as to Defendants Spencer Pharmaceutical Inc., IAB Media Inc., and Hilbroy Advisory Inc. by Securities and Exchange Commission. (Attachments: # 1 Text of Proposed Order Final Judgment as to Spencer, # 2 Text of Proposed Order Final Judgment as to IAB Media, # 3 Text of Proposed Order Final Judgment as to Hilbroy)(Huntington, Franklin) (Entered: 10/08/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-IT
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge Indira Talwani
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
Rua M. Kelly
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8941
Email: kellyru@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Jean-Francois Amyot
315 Chemin Claude Lefebvre
Mont-Tremblant,
Quebec, CANADA
H3B 4R4
PRO SE
Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by IAB Media Inc.
PRO SE
Faun M. Phillipson
(See above for address)
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
10/08/2014 119 NOTICE: ENTRY OF DEFAULT as to Spencer Pharmaceutical Inc. (MacDonald, Gail) (Entered: 10/08/2014)
Doc 119 PDF file
https://www.scribd.com/doc/242324054/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-119-Filed-08-Oct-14
Pacer update 08 Oct 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
10/08/2014 119 NOTICE: ENTRY OF DEFAULT as to Spencer Pharmaceutical Inc. (MacDonald, Gail) (Entered: 10/08/2014)
10/08/2014 118 Judge Indira Talwani: ELECTRONIC ORDER entered granting 116 Motion for Entry of Default (MacDonald, Gail) (Entered: 10/08/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-IT
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge Indira Talwani
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
Rua M. Kelly
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8941
Email: kellyru@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Jean-Francois Amyot
315 Chemin Claude Lefebvre
Mont-Tremblant,
Quebec, CANADA
H3B 4R4
PRO SE
Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by IAB Media Inc.
PRO SE
Faun M. Phillipson
(See above for address)
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
10/01/2014 114 MOTION to Compel by Jean-Francois Amyot.(MacDonald, Gail) (Entered: 10/03/2014)
Doc 114 PDF file
https://www.scribd.com/doc/241805405/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-114-Filed-01-Oct-14
10/01/2014 115 MEMORANDUM in Support re 114 MOTION to Compel filed by Jean-Francois Amyot. (Attachments: # 1 Exhibit) (MacDonald, Gail) (Entered: 10/03/2014)
Doc 115 PDF file
https://www.scribd.com/doc/241805829/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-115-Filed-01-Oct-14
Document Number: 115 32 pages 0.9 mb
Attachment Description
1 Exhibit 87 pages 3.2 mb
Pacer update 03 Oct 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
10/01/2014 115 MEMORANDUM in Support re 114 MOTION to Compel filed by Jean-Francois Amyot. (Attachments: # 1 Exhibit) (MacDonald, Gail) (Entered: 10/03/2014)
10/01/2014 114 MOTION to Compel by Jean-Francois Amyot.(MacDonald, Gail) (Entered: 10/03/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-IT
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge Indira Talwani
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
Rua M. Kelly
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8941
Email: kellyru@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Jean-Francois Amyot
315 Chemin Claude Lefebvre
Mont-Tremblant,
Quebec, CANADA
H3B 4R4
PRO SE
Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by IAB Media Inc.
PRO SE
Faun M. Phillipson
(See above for address)
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
09/25/2014 112 Judge Indira Talwani: ORDER entered. PROCEDURAL ORDER re pretrial/trial( Final Pretrial Conference set for 11/12/2014 02:30 PM in Courtroom 17 before Judge Indira Talwani.), ( Exhibit List due by 11/3/2014.) Jury Trial set for 11/17/2014 09:00 AM in Courtroom 17 before Judge Indira Talwani. See attached Order for details. (MacDonald, Gail) (Entered: 09/25/2014)
Doc 112 PDF file
http://www.scribd.com/doc/241496947/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-112-Filed-25-Sep-14
Pacer update 25 Sep 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
09/25/2014 113 Copy re 112 Procedural Order re pretrial/trial, Set Trial Management Order Deadlines, mailed to Jean-Francois Amyot 315 Chemin Claude Lefebvre Mont-Tremblant, Quebec,, CANADA H3B 4R4 Maximilien Arella 586 Giraud Laval, QC H7X 3J6 Canada on 9/26/14 (MacDonald, Gail) (Entered: 09/25/2014)
09/25/2014 112 Judge Indira Talwani: ORDER entered. PROCEDURAL ORDER re pretrial/trial( Final Pretrial Conference set for 11/12/2014 02:30 PM in Courtroom 17 before Judge Indira Talwani.), ( Exhibit List due by 11/3/2014.) Jury Trial set for 11/17/2014 09:00 AM in Courtroom 17 before Judge Indira Talwani. See attached Order for details. (MacDonald, Gail) (Entered: 09/25/2014)
09/25/2014 111 Copy re 109 Consent Judgment, 110 Consent Judgment mailed to Ian Morrice 9 Okanagan Drive Nepean, ON K2H 7E7 Canada; Jean-Francois Amyot 315 Chemin Claude Lefebvre Mont-Tremblant, Quebec, CANADA H3B 4R4; and, Maximilien Arella 586 Giraud Laval, QC H7X 3J6 Canad on 9/25/14. (MacDonald, Gail) (Entered: 09/25/2014)
09/25/2014 108 Judge Indira Talwani: ELECTRONIC ORDER entered granting 107 Motion to Approve Consent Judgment (MacDonald, Gail) (Entered: 09/25/2014)
09/24/2014 110 Judge Indira Talwani: ORDER entered. CONSENT JUDGMENT in favor of Securities and Exchange Commission against Ian Morrice. FINAL JUDGMENT AS TO DEFENDANT IAN MORRICE. (MacDonald, Gail) (Entered: 09/25/2014)
09/24/2014 109 Judge Indira Talwani: ORDER entered. CONSENT JUDGMENT in favor of Securities and Exchange Commission against Maximilien Arella. FINAL JUDGMENT AS TO DEFENDANT MAXIMILIEN ARELLA. (MacDonald, Gail) (Entered: 09/25/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-IT
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge Indira Talwani
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
Rua M. Kelly
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8941
Email: kellyru@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Jean-Francois Amyot
315 Chemin Claude Lefebvre
Mont-Tremblant,
Quebec, CANADA
H3B 4R4
PRO SE
Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by IAB Media Inc.
PRO SE
Faun M. Phillipson
(See above for address)
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
09/12/2014 107 Assented to MOTION to Approve Consent Judgment for Entry of Final Judgments as to Defendants Maximilien Arella and Ian Morrice by Securities and Exchange Commission. (Attachments: # 1 Consent to Entry of Final Judgment by Maximilien Arella, # 2 Text of Proposed Order of Final Judgment as to Maximilien Arella, # 3 Consent to Entry of Final Judgment by Ian Morrice, # 4 Text of Proposed Order of Final Judgment as to Ian Morrice)(Kelly, Rua) (Entered: 09/12/2014)
Doc 1 PDF file
http://www.scribd.com/doc/239707906/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-Filed-12-Sep-14
Doc 1-1 PDF file
http://www.scribd.com/doc/239707964/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-1-Filed-12-Sep-14
Doc 1-2 PDF file
http://www.scribd.com/doc/239708012/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-2-Filed-12-Sep-14
Doc 1-3 PDF file
http://www.scribd.com/doc/239708061/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-3-Filed-12-Sep-14
Doc 1-4 PDF file
http://www.scribd.com/doc/239708115/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-4-Filed-12-Sep-14
Pacer update 12 Sep 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
09/12/2014 107 Assented to MOTION to Approve Consent Judgment for Entry of Final Judgments as to Defendants Maximilien Arella and Ian Morrice by Securities and Exchange Commission. (Attachments: # 1 Consent to Entry of Final Judgment by Maximilien Arella, # 2 Text of Proposed Order of Final Judgment as to Maximilien Arella, # 3 Consent to Entry of Final Judgment by Ian Morrice, # 4 Text of Proposed Order of Final Judgment as to Ian Morrice)(Kelly, Rua) (Entered: 09/12/2014)
09/11/2014 106 Copy re 105 Set/Reset Scheduling Order Deadlines, 104 Order on Motion for Order mailed to Ian Morrice 9 Okanagan Drive Nepean, ON K2H 7E7 Canada Jean-Francois Amyot 315 Chemin Claude Lefebvre Mont-Tremblant, Quebec,, CANADA H3B 4R4 Maximilien Arella 586 Giraud Laval, QC H7X 3J6 Canad on 9/11/14. (MacDonald, Gail) (Entered: 09/11/2014)
09/11/2014 105 Set/Reset Scheduling Order Deadlines: Final Pretrial Conference set for 11/12/2014 02:30 PM in Courtroom 17 before Judge Indira Talwani. Jury Trial set for 11/17/2014 09:00 AM in Courtroom 17 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 09/11/2014)
09/11/2014 104 Judge Indira Talwani: ELECTRONIC ORDER entered granting 103 Motion for Order. Modified dates for pretrial and trial will be set in a separate event. (MacDonald, Gail) (Entered: 09/11/2014)
09/10/2014 103 Assented to MOTION for Order Adjourning Trial by Securities and Exchange Commission.(Drabick, James) (Entered: 09/10/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-IT
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge Indira Talwani
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
Rua M. Kelly
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8941
Email: kellyru@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Jean-Francois Amyot
315 Chemin Claude Lefebvre
Mont-Tremblant,
Quebec, CANADA
H3B 4R4
PRO SE
Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by IAB Media Inc.
PRO SE
Faun M. Phillipson
(See above for address)
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
SEC says jurors' hockey allegiance not relevant
2014-11-12 12:53 ET - Street Wire
Also Street Wire (U-*SEC) U S Securities and Exchange Commission
Also Street Wire (U-SPPH) Spencer Pharmaceutical Inc
by Mike Caswell
With one week before the trial of Montreal's Jean-Francois Amyot begins in Boston, lawyers for the U.S. Securities and Exchange Commission have asked the judge to prevent Mr. Amyot from turning the jury selection process into a "fruitless side-show." They say Mr. Amyot, 40, has proposed several unsuitable questions for prospective jurors. Among them are a query about the lively Boston-Montreal hockey rivalry and a blunt question about any bias toward French Canadians.
The SEC says that Mr. Amyot, who is representing himself at the trial, is going beyond proper attempts at uncovering any biases a juror could have. While there is nothing wrong with inquiring about regional or ethnic issues, Mr. Amyot's question list will produce a time-consuming exercise that will achieve no results, according to the SEC. Among his questions are one in which he proposes asking the juror if he is a hockey fan and, in particular, a Boston Bruins fan. If so, Mr. Amyot proposes asking if the hockey rivalry between the Bruins and the Montreal Canadiens would influence the juror. The SEC says the question is pointless, as the trial has nothing to do with hockey. Delving into the strength of a juror's allegiance to the Boston Bruins is simply a "time-consuming, and ultimately fruitless, side-show."
The jury selection process is part of a case in which the SEC accuses Mr. Amyot of running a $5.8-million pump-and-dump. (All figures are in U.S. dollars.) The regulator claims that he and others were behind a 10-month manipulation of a pink sheets company called Spencer Pharmaceuticals Inc. in 2010. The scheme included a bogus $245-million takeover offer for the company from an overseas buyer, the SEC says. The regulator claims that Mr. Amyot dumped millions of unregistered shares during the promotion.
As part of the trial preparation, the SEC filed a brief on Monday, Nov. 10, that mostly dealt with housekeeping issues such as documents the lawyers will use at trial. Part of the brief, however, contained an objection to nine of the 13 questions that Mr. Amyot has proposed asking prospective jurors as part of the jury screening process. According to the SEC, the questions are mostly a misguided attempt to solicit possible biases.
For example, one question states that Mr. Amyot is a French Canadian, and asks if the juror is biased against such a person. The SEC says it is not opposed to uncovering possible prejudices, but there is a very slim likelihood that a prospective juror would openly admit to such a bias in an open courtroom. As the SEC sees it, there are more artful ways to ask this, which it proposes to do by asking about a juror's familiarity with the French language and about religious and philosophical beliefs.
Other questions by Mr. Amyot are similarly irrelevant, according to the SEC. In one, he says that he lived in the Bahamas, a known tax haven, for about 18 months, and asks the juror if he has any bias against living in the Caribbean or not paying taxes. The SEC says questions in open court surrounding a juror's biases toward the Caribbean or tax-free havens are just as unlikely to elicit any useful answers as the question about biases toward French-Canadians. Moreover, Mr. Amyot is not on trial for violating U.S. tax laws, the SEC points outs.
The SEC plans to address the questions and any other late-arising issues at a final pretrial conference before the judge on Wednesday, Nov. 12. The trial is set to begin on Monday, Nov. 17.
The Spencer pump-and-dump charges
The allegations against Mr. Amyot are contained in a civil complaint the SEC filed against him and others on Dec. 17, 2012, in the District of Massachusetts. In addition to Mr. Amyot, the complaint named as defendants Maximillien Arella, 46, of Montreal, and Ian Morrice, 52, of Ottawa. Mr. Arella was Spencer's president and Mr. Morrice was its corporate secretary.
Most of the complaint cited the men for a $245-million takeover offer that Spencer claimed to have received in November, 2010. That month, Spencer announced that it had received an offer at 97 cents per share from a Kuwaiti company headed by "His Excellency Dr. Bandar Al-Dhafiri." The takeover, however, was pure fiction, the SEC said. As the regulator saw it, there was no evidence Dr. Al-Dhafiri was a real person and it was not plausible that anybody would have paid $245-million for Spencer. The company did not own any legitimate drug delivery technology, according to the complaint.
During the scheme, companies that Mr. Amyot controlled sold millions of unregistered shares, for gains totalling $5.8-million, according to the SEC. The complaint sought appropriate civil penalties, disgorgement of ill-gotten gains, and orders permanently barring all three men from penny stocks and from serving as an officer or director of a public company. In filing the case, the SEC acknowledged the assistance of Quebec's securities commission (which has since filed separate charges against Mr. Amyot and others).
For his part, Mr. Amyot contends that he did nothing wrong. In a July 30, 2014, memorandum he said that as far as he knew the takeover offer for Spencer was genuine. He also denied that he sold any stock during the scheme, and said that others received the profits the SEC complained of.
Mr. Arella and Mr. Morrice settled the case without a trial, each agreeing to five-year bans and to pay $50,000. The pair did not admit any wrongdoing in settling.
Spencer, which went to 60 cents during the scheme, has since rolled back 1:25 and last traded at 0.01 cent.
© 2014 Canjex Publishing Ltd. All rights reserved.
http://www.stockwatch.com/News/Item.aspx?bid=Z-C:*SEC-2226703&symbol=*SEC®ion=C
The Commission's action against Spencer, Amyot, and two companies controlled by Amyot (Hilbroy Advisory Inc. and IAB Media Inc.) is still pending. The Commission acknowledges the assistance of the Quebec Autorité des Marchés Financiers in connection with this matter.
Court Enters Final Judgments Against CEO and Executive Vice President of Company Involved in Pump-And-Dump Scheme Involving Fictitious Buyout Offer
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 23092 / September 25, 2014
Securities and Exchange Commission v. Spencer Pharmaceutical Inc., et al., Civil Action No. 1:12-cv-12334
Court Enters Final Judgments Against CEO and Executive Vice President of Company Involved in Pump-And-Dump Scheme Involving Fictitious Buyout Offer
The Securities and Exchange Commission (the "Commission") announced today that on September 25, 2014, the United States District Court for the District of Massachusetts entered final judgments in a previously filed enforcement action against defendants Maximilien Arella and Ian Morrice, the CEO and Executive Vice President, respectively, of Spencer Pharmaceutical Inc. ("Spencer"), a microcap pharmaceutical company with addresses in both Boston and Canada. Among other relief, the final judgments impose permanent injunctions against future violations of certain antifraud provisions of the federal securities laws and order Arella and Morrice to each pay $50,000 penalties.
According to the Commission's complaint, filed on December 17, 2012, Spencer, its officers and directors, and other associated parties were involved in a "pump-and-dump" scheme in 2010 and 2011 involving Spencer's stock. The scheme was orchestrated by co-defendant Jean-François Amyot, a Canadian resident who controlled Spencer. Amyot worked with Arella and Morrice, Canadian residents who were Spencer's officers and directors, to create and disseminate false and misleading press releases and to otherwise promote Spencer's stock, including via Internet websites and newsletters. Among the false and misleading press releases were a series of releases that claimed that Spencer had received an unsolicited buyout offer from a Mideast company for $245 million when, in fact, the purported buyout offer was not real. The promotional campaign significantly pumped up the price of Spencer's stock - at one point causing the price to more than double in two days - and consequently enabled Amyot to dump tens of millions of shares into the market at artificially inflated prices for gross proceeds in excess of $5 million. The complaint further alleged that Spencer, Amyot, and Arella violated certain registration provisions of the federal securities laws for transfers of millions of Spencer shares done to evade registration requirements.
Arella and Morrice each consented to the entry of the final judgments against them without admitting or denying the charges. The final judgments permanently enjoin both Arella and Morrice from violating Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933 ("Securities Act") and bar both Arella and Morrice for a period of five years from serving as a director or officer of a public company and from participating in a penny stock offering. The final judgments also require Arella and Morrice to each pay $50,000 penalties. The final judgment against Arella also permanently enjoins Arella from violating Sections 5(a) and 5(c) of the Securities Act.
The Commission's action against Spencer, Amyot, and two companies controlled by Amyot (Hilbroy Advisory Inc. and IAB Media Inc.) is still pending. The Commission acknowledges the assistance of the Quebec Autorité des Marchés Financiers in connection with this matter.
The Commission suspended trading in Spencer securities on December 17, 2012 (Release 34-68447). Securities of Spencer were quoted on OTC Link operated by OTC Markets Group Inc.
For further information, see Litigation Release 22574 (December 17, 2012).
http://www.sec.gov/litigation/litreleases/2014/lr23092.htm
09/12/2014 107 Assented to MOTION to Approve Consent Judgment for Entry of Final Judgments as to Defendants Maximilien Arella and Ian Morrice by Securities and Exchange Commission. (Attachments: # 1 Consent to Entry of Final Judgment by Maximilien Arella, # 2 Text of Proposed Order of Final Judgment as to Maximilien Arella, # 3 Consent to Entry of Final Judgment by Ian Morrice, # 4 Text of Proposed Order of Final Judgment as to Ian Morrice)(Kelly, Rua) (Entered: 09/12/2014)
Doc 1 PDF file
http://www.scribd.com/doc/239707906/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-Filed-12-Sep-14
Doc 1-1 PDF file
http://www.scribd.com/doc/239707964/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-1-Filed-12-Sep-14
Doc 1-2 PDF file
http://www.scribd.com/doc/239708012/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-2-Filed-12-Sep-14
Doc 1-3 PDF file
http://www.scribd.com/doc/239708061/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-3-Filed-12-Sep-14
Doc 1-4 PDF file
http://www.scribd.com/doc/239708115/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-107-4-Filed-12-Sep-14
Pacer update 12 Sep 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
09/12/2014 107 Assented to MOTION to Approve Consent Judgment for Entry of Final Judgments as to Defendants Maximilien Arella and Ian Morrice by Securities and Exchange Commission. (Attachments: # 1 Consent to Entry of Final Judgment by Maximilien Arella, # 2 Text of Proposed Order of Final Judgment as to Maximilien Arella, # 3 Consent to Entry of Final Judgment by Ian Morrice, # 4 Text of Proposed Order of Final Judgment as to Ian Morrice)(Kelly, Rua) (Entered: 09/12/2014)
09/11/2014 106 Copy re 105 Set/Reset Scheduling Order Deadlines, 104 Order on Motion for Order mailed to Ian Morrice 9 Okanagan Drive Nepean, ON K2H 7E7 Canada Jean-Francois Amyot 315 Chemin Claude Lefebvre Mont-Tremblant, Quebec,, CANADA H3B 4R4 Maximilien Arella 586 Giraud Laval, QC H7X 3J6 Canad on 9/11/14. (MacDonald, Gail) (Entered: 09/11/2014)
09/11/2014 105 Set/Reset Scheduling Order Deadlines: Final Pretrial Conference set for 11/12/2014 02:30 PM in Courtroom 17 before Judge Indira Talwani. Jury Trial set for 11/17/2014 09:00 AM in Courtroom 17 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 09/11/2014)
09/11/2014 104 Judge Indira Talwani: ELECTRONIC ORDER entered granting 103 Motion for Order. Modified dates for pretrial and trial will be set in a separate event. (MacDonald, Gail) (Entered: 09/11/2014)
09/10/2014 103 Assented to MOTION for Order Adjourning Trial by Securities and Exchange Commission.(Drabick, James) (Entered: 09/10/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-IT
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge Indira Talwani
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
Rua M. Kelly
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8941
Email: kellyru@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Jean-Francois Amyot
315 Chemin Claude Lefebvre
Mont-Tremblant,
Quebec, CANADA
H3B 4R4
PRO SE
Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by IAB Media Inc.
PRO SE
Faun M. Phillipson
(See above for address)
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Not that mysterious, actually:
http://www.journaldemontreal.com/2014/09/09/un-mysterieux-homme-daffaires-quebecois-accuse
The Quebecois securities regulator the AMF has piled in to help out the SEC with prosecuting the crooks behind the SPPH scam:
"AMF launches penal proceeding targeting market manipulation activities
Published: Sept 9, 2014 11:28 a.m. ET
MONTRÉAL, Sep. 9, 2014 (Canada NewsWire via COMTEX) -- The Autorité des marchés financiers ("AMF") has launched a joint penal proceeding against 13 defendants (11 individuals and 2 companies) allegedly involved in market manipulation activities that took place between 2008 and 2012 in violation of the Securities Act.
The scam
The defendants took part in a "pump and dump" scam, in which they influenced the market price or the value of microcap securities listed on U.S. over-the-counter markets, including the shares of Spencer Pharmaceutical Inc., Energy 1 Corp., Andes Gold Corporation, Kender Energy Inc. and Wanderport Corporation.
The manipulation methods consisted of promoting the activities or growth potential of the above-mentioned companies via the publication of false and misleading information in press releases, on social media and other on-line channels.
Some of the scammers bet on the ensuing market activity to boost the share value of the target companies before selling their own shares at a hefty profit. The investigation shows that transaction proceeds related to certain violations referred to in the proceedings amount to a total of over $10 million.
The defendants
Jean-Francois Amyot faces 10 charges, of which five pertain to conspiracy to influence or attempt to influence the market price or the value of a security and five relate to market manipulation. Considered the ringleader of the presumed scam, Jean-Francois Amyot was president of Hilbroy Advisory Inc., and a director of IAB Media Inc. These two companies are each charged with market manipulation. Jean-Francois Amyot faces freeze and cease trading orders issued in 2011 in connection with activities related to the securities of Wanderport Corp. and to IAB Media and Hilbroy Advisory.
Francis Mailhot faces eight charges, including three for conspiracy and five for market manipulation. He was president or director of companies allegedly involved in the scam, including Rainmaker Venture Capital Inc. and Hyper Growth Stock Publications Inc. He is also considered Jean-Francois Amyot's business partner.
Ian Morrice acted as consultant for Hilbroy Advisory and faces two charges, i.e. one for conspiracy and the other for market manipulation.
Francois Vallet was involved with IAB Media and Hilbroy Advisory in various capacities. He faces seven charges, including two for conspiracy and five for market manipulation activities.
Eric Boyd also acted as consultant for Hilbroy Advisory and is named in two of the market manipulation activity charges.
Marc Gagnon and Robert Fagan each face one charge for market manipulation.
As well, as an officer of Downshire Capital and Meadow Vista Financial Corporation, Carol McKeown faces a charge for market manipulation. She also faces freeze and cease trading orders issued in 2010.
Daniel F. Ryan, Carol McKeown's spouse, also faces three charges, including two for market manipulation activities and one for conspiracy. He is also subject to the same orders as those against Carol McKeown.
Andrew Barakett faces two charges, one for market manipulation activities and the other for conspiracy. Note that Andrew Barakett faces a cease trading order issued in 2011 for activities related to the securities of Wanderport Corp.
Lastly, Michael Raso Cortellazzi faces one charge for market manipulation activities.
The Autorité des marchés financiers (the "AMF") is the regulatory and oversight body for Québec's financial sector.
Information:
Media only:Sylvain Théberge: 514-940-2176
Information Centre: Québec City: 418-525-0337Montréal: 514-395-0337Toll-free: 1-877-525-0337
www.lautorite.qc.caTwitter: @lautorite
SOURCE Autorité des marchés financiers
To view this news release in HTML formatting, please use the following URL: www.newswire.ca/en/releases/archive/September2014/09/c1467.html
SOURCE: Autorité des marchés financiers"
http://www.marketwatch.com/story/amf-launches-penal-proceeding-targeting-market-manipulation-activities-2014-09-09
Thanks so much for posting these. So I wonder if Amyot will show on September 4?
50/50, I reckon, but he's certainly spun it out well so far, just as he did with the AMF.
I wonder if the SEC appreciated the irony of Amyot pleading indigency from his lair in The Bahamas?
08/26/2014 102 STATUS REPORT re: Order (Dkt # 99) on Plaintiff's Motion for Entry of Default Judgment Against Defendant Amyot by Securities and Exchange Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, Rua) (Entered: 08/26/2014)
Doc 102 PDF file
http://www.scribd.com/doc/237862284/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-102-Filed-26-Aug-14
Doc 102-1 PDF file
http://www.scribd.com/doc/237862342/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-102-1-Filed-26-Aug-14
Doc 102-2 PDF file
http://www.scribd.com/doc/237862383/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-102-2-Filed-26-Aug-14
Document Number: 102 2 pages 30 kb
Attachment Description
1 Exhibit A 3 pages 44 kb
2 Exhibit B 4 pages 112 kb
08/19/2014 99 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER(MacDonald, Gail) (Entered: 08/19/2014)
Doc 99 PDF file
http://www.scribd.com/doc/237861667/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-99-Filed-19-Aug-14
Pacer update 26 Aug 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
08/26/2014 102 STATUS REPORT re: Order (Dkt # 99) on Plaintiff's Motion for Entry of Default Judgment Against Defendant Amyot by Securities and Exchange Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, Rua) (Entered: 08/26/2014)
08/19/2014 101 Copy re 99 Memorandum & ORDER, 100 Order on Motion for Default Judgment mailed to Jean-Francois Amyot IAB Media Inc. Hilbroy Advisory Inc. 315 Chemin Claude Lefebvre Mont-Tremblant, Quebec, CANADA H3B 4R4 Maximilien Arella 586 Giraud Laval, QC H7X 3J6 Canada Ian Morrice 9 Okanagan Drive Nepean, ON K2H 7E7 Canada on 8/19/14. (MacDonald, Gail) (Entered: 08/19/2014)
08/19/2014 100 Judge Indira Talwani: ELECTRONIC ORDER entered denying 88 Motion for Default Judgment - DENIED WITHOUT PREJUDICE (MacDonald, Gail) (Entered: 08/19/2014)
08/19/2014 99 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER(MacDonald, Gail) (Entered: 08/19/2014)
08/15/2014 98 REPLY to Response to 88 MOTION for Default Judgment as to Defendant Amyot filed by Securities and Exchange Commission. (Kelly, Rua) (Entered: 08/15/2014)
08/15/2014 97 Judge Indira Talwani: ELECTRONIC ORDER entered granting 96 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDonald, Gail) (Entered: 08/15/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-IT
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge Indira Talwani
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
Rua M. Kelly
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8941
Email: kellyru@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Jean-Francois Amyot
315 Chemin Claude Lefebvre
Mont-Tremblant,
Quebec, CANADA
H3B 4R4
PRO SE
Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by IAB Media Inc.
PRO SE
Faun M. Phillipson
(See above for address)
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Defendant
Hilbroy Advisory Inc.
represented by Hilbroy Advisory Inc.
PRO SE
Faun M. Phillipson
(See above for address)
TERMINATED: 06/13/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
TERMINATED: 06/03/2014
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
TERMINATED: 06/03/2014
ATTORNEY TO BE NOTICED
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
07/15/2014 90 Proposed Document(s) submitted by Securities and Exchange Commission. Document received: Proposed Form of Default Judgment as to Defendant Amyot. (Huntington, Franklin) (Entered: 07/15/2014)
Doc 90 PDF file
http://www.scribd.com/doc/234458375/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-90-Filed-15-Jul-14
SEC seeks up to $12.2-million (U.S.) from Amyot
2014-07-18 13:02 ET - Street Wire
by Mike Caswell
http://www.stockwatch.com/News/Item.aspx?bid=Z-C:*SEC-2194952&symbol=*SEC®ion=C
The U.S. Securities and Exchange Commission has filed a motion for a default judgment of up to $12.2-million against Quebec's Jean-Francois Amyot, citing his "especially egregious" conduct in a 2010 pump-and-dump. (All figures are in U.S. dollars.) The SEC says he sold 22 million unregistered shares of a pink sheets company called Spencer Pharmaceuticals Inc. while orchestrating a bogus takeover. The scheme involved several false and misleading news releases, and resulted in profits to Mr. Amyot of $5.8-million, according to the SEC.
The SEC's request comes about 19 months after the regulator first charged him for the scheme. The SEC said that he and others were behind a 10-month manipulation that culminated with the purported $245-million takeover bid for Spencer. Among other things, Mr. Amyot created the content for 20 news releases that the company issued about the false takeover, the SEC claimed. He also had a role in a fake letter that guaranteed the purported buyer had access to $500-million, according to the SEC.
[...]
more
http://www.stockwatch.com/News/Item.aspx?bid=Z-C:*SEC-2194952&symbol=*SEC®ion=C
Pacer update 16 Jul 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334-WGY
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
07/16/2014 92 NOTICE OF DEFAULT as to Hilbroy Advisory Inc., IAB Media Inc. (MacDonald, Gail) (Entered: 07/16/2014)
07/16/2014 91 NOTICE of Appearance by Rua M. Kelly on behalf of Securities and Exchange Commission (Kelly, Rua) (Entered: 07/16/2014)
07/15/2014 90 Proposed Document(s) submitted by Securities and Exchange Commission. Document received: Proposed Form of Default Judgment as to Defendant Amyot. (Huntington, Franklin) (Entered: 07/15/2014)
07/15/2014 89 MEMORANDUM in Support re 88 MOTION for Default Judgment as to Defendant Amyot filed by Securities and Exchange Commission. (Attachments: # 1 Notice of Deposition, # 2 Notice of Deposition, # 3 Calculation of Prejudgment Interest)(Huntington, Franklin) (Entered: 07/15/2014)
07/15/2014 88 MOTION for Default Judgment as to Defendant Amyot by Securities and Exchange Commission.(Huntington, Franklin) (Entered: 07/15/2014)
07/11/2014 87 Judge Indira Talwani: ORDER entered. For these reasons, this court determines that this case does not present exceptional circumstances that would justify requesting pro bono counsel for Defendant Jean-Francois Amyot. Amyot's Motion Requesting Appointment of Counsel 85 is therefore DENIED. IT IS SO ORDERED. See ORDER for Details. (Geraldino-Karasek, Clarilde) (Entered: 07/11/2014)
06/25/2014 85 MOTION to Appoint Counsel by Jean-Francois Amyot.(Geraldino-Karasek, Clarilde) (Entered: 06/25/2014)
06/25/2014 84 NOTICE by Securities and Exchange Commission Regarding Defendant Amyot's Motion Requesting Appointment of Counsel (Attachments: # 1 Exhibit A - Defendant Amyot Motion Requesting Appointment of Counsel, # 2 Exhibit B - Deposition Notices, # 3 Exhibit C - Email Correspondence)(Drabick, James) (Entered: 06/25/2014)
06/23/2014 86 ELECTRONIC Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 6/23/2014. Court has colloquy with counsel, parties. Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@comcast.net.)(Attorneys present: Drabick, Huntington) (MacDonald, Gail) (Entered: 06/26/2014)
06/23/2014 83 Judge Indira Talwani: ORDER entered. (Talwani, Indira) (Entered: 06/23/2014)
06/20/2014 82 Judge Indira Talwani: ELECTRONIC ORDER entered granting 80 Motion for Hearing. (MacDonald, Gail) (Entered: 06/20/2014)
06/20/2014 81 Set/Reset Hearings: Status Conference set for 6/23/2014 at 02:00 PM in Courtroom 17 before Judge Indira Talwani. The SEC shall participate in person and shall organize the defendants to participate telephonically, if defendants choose. If defendants will not participate in person, the telephone call shall have all parties organized on one line, and the call shall be placed to the courtroom at (617) 748-4076. (MacDonald, Gail) (Entered: 06/20/2014)
06/20/2014 80 Emergency MOTION for Hearing (Status Conference) by Securities and Exchange Commission. (Attachments: # 1 Exhibit A - June 16, 2014 Order, # 2 Exhibit B - Correspondence)(Drabick, James) (Entered: 06/20/2014)
06/16/2014 79 Judge Indira Talwani: ORDER entered.On June 3, 2014, this court (Young, J.) allowed a motion by counsel for Defendants Jean-Francois Amyot, IAB Media Inc. (IAB Media), and Hilbroy Advisory Inc. (Hilbroy) (collectively, the Amyot Defendants) to withdraw. On June 6, 2014, this court ordered the Amyot Defendants former counsel to serve copies of this courts June 3, 2014 order on the Amyot Defendants. The Amyot Defendants former counsel having done so, this court hereby orders: 1. If Defendant Amyot intends to proceed pro se in this action, he shall notify the clerk of this court and opposing counsel of his mailing address. 2. Defendants IAB Media and Hilbroy may not appear pro se Defendants IAB Media and Hilbroy are thus ordered to appear through counsel by July 14, 2014 ( Responses due by 7/14/2014). 3. Defendant Spencer Pharmaceutical Inc. (Spencer), which was served on December 28, 2012,2 has not responded nor obtained counsel in this case. 3 Defendant Spencer Pharmaceutical Inc. (Spencer), which was served on December 28, 2012, has not responded nor obtained counsel in this case. The Parties are ordered to show cause, if such cause exists, why default should not be entered against Spencer. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) (Entered: 06/16/2014)
06/11/2014 78 Certificate of Service on Former Clients by Jean-Francois Amyot, Hilbroy Advisory Inc., IAB Media Inc. re 75 Order on Motion to Withdraw as Attorney, 73 Memorandum in Support of Motion (Uretsky, Jonathan) (Modified on 6/12/2014 to Correct Docket Text) (Paine, Matthew). (Entered: 06/11/2014)
06/06/2014 77 Judge Indira Talwani: ORDER entered re 75 Order on Motion to Withdraw as Attorney, 72 Assented to MOTION to Withdraw as Attorney filed by Hilbroy Advisory Inc., Jean-Francois Amyot, IAB Media Inc. FURTHER ORDER REGARDING MOTION TO WITHDRAW. RESPONSE DUE JUNE 13, 2014. SEE FURTHER DETAILS IN ATTACHED ORDER. (MacDonald, Gail) (Entered: 06/06/2014)
06/05/2014 76 ELECTRONIC NOTICE of Reassignment. Judge Indira Talwani added. Judge William G. Young no longer assigned to case. (Abaid, Kimberly) (Entered: 06/05/2014)
06/03/2014 75 Judge William G. Young: ELECTRONIC ORDER entered: "allowed, but there will be no stay" re 72 Motion to Withdraw as Attorney. Attorney Mitchell R. Edwards and Jonathan C. Uretsky terminated (Paine, Matthew) (Entered: 06/03/2014)
06/03/2014 74 Notice of assignment to ADR Provider. Judge Kenneth P. Neiman appointed.(Garvin, Brendan) (Entered: 06/03/2014)
06/02/2014 73 MEMORANDUM in Support re 72 Assented to MOTION to Withdraw as Attorney filed by Jean-Francois Amyot, Hilbroy Advisory Inc., IAB Media Inc.. (Uretsky, Jonathan) (Entered: 06/02/2014)
06/02/2014 72 Assented to MOTION to Withdraw as Attorney by Jean-Francois Amyot, Hilbroy Advisory Inc., IAB Media Inc.. (Attachments: # 1 Declaration of Jonathan Uretsky)(Uretsky, Jonathan) (Entered: 06/02/2014)
05/29/2014 71 Judge William G. Young: ELECTRONIC ORDER entered: MOTION ALLOWED, No later produced documents may be introduced at trial re 68 MOTION to Compel the Production of Documents and to Issue Sanctions (Paine, Matthew) (Entered: 05/29/2014)
05/27/2014 70 REFERRING CASE to Alternative Dispute Resolution as of June 2014.(Paine, Matthew) (Entered: 05/27/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-WGY
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge William G. Young
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot represented by Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc. represented by Faun M. Phillipson
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hilbroy Advisory Inc.
represented by Faun M. Phillipson
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
ATTORNEY TO BE NOTICED
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Amyot's NYC lawyers say ByeBye following in the footsteps of the Montreal lawyers.
The front gates are breached, collapse is edging ever so closer...
"No mistake the ID comes from the AMF, the Quebec securities regulator and who are quoted by the La Presse reporter"
As ever your information is rock solid, Lexit. Many thanks.
No mistake the ID comes from the AMF, the Quebec securities regulator and who are quoted by the La Presse reporter
Hi Lexit,
I think that you are mixed up, because all the links you provided with the immigration issue in Canada are for Hassan AlAwaid and not for Hussain AlAwaid the CEO of Noor Financial Services. They are cousins, so please be careful before spreading such false information.
Hi there,
I think that you are mixed up, because all the links you provided with the immigration issue in Canada are for Hassan AlAwaid and not for Hussain AlAwaid the CEO of Noor Financial Services. They are cousins, so please be careful before spreading such false information.
And the latest uppitidate on Hussain Al-Awaid
Hussain plead guilty to 18 immigration fraud charges in early May, his sentencing is scheduled for 11 August 2014.
http://thechronicleherald.ca/metro/1206164-bedford-man-pleads-guilty-to-18-immigration-fraud-charges
Where is your shining light (Noor) and Al-Dorra now Hussain ?
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=59714928
http://www.marketwired.com/press-release/al-dorra-holdings-to-ipo-new-pharmaceutical-subsidiary-hail-first-pharma-inc-1383299.htm
Where is Amyot, Hussain ? Is he still soaking up the sun in the Bahamas enjoying the high life with all that pump and dump money ?
It's begun to implode
05/07/2014 69 MEMORANDUM in Support re 68 MOTION to Compel the Production of Documents and to Issue Sanctions filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Drabick, James) (Entered: 05/07/2014)
Doc 69 PDF file
http://www.scribd.com/doc/225348000/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-69-Filed-07-May-14
Doc 69-1 PDF file
http://www.scribd.com/doc/225348449/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-69-1-Filed-07-May-14
Document Number: 69 9 pages 36 kb
Attachment Description
1 Exhibit 1 45 pages 2.5 mb
2 Exhibit 2 30 pages 182 kb
3 Exhibit 3 18 pages 1.2 mb
4 Exhibit 4 28 pages 0.8 mb
FYI - Amyot's partner in crime Hussain Al-Awaid
He appears to be having some significant and ongoing issues with the RCMP:
http://www.cbc.ca/news/canada/nova-scotia/immigration-fraud-charges-for-halifax-man-1.1045865
http://www.cbc.ca/news/canada/nova-scotia/hundreds-to-have-fraudulent-citizenship-revoked-1.1152603
http://www.zoominfo.com/p/Narmeen-Al-Noono/1264176144
http://www.canadiancommercialgroup.com/
https://web.archive.org/web/20040602205450/http://www.canadiancommercialgroup.com/staff.html
Hussain Al-Awaid is also mentioned in this weeks La Presse news item:
http://affaires.lapresse.ca/dossiers/litiges-economiques/201405/15/01-4766896-lamf-a-decouvert-un-reseau-aux-tentacules-mondiaux.php
05/07/2014 68 MOTION to Compel the Production of Documents and to Issue Sanctions by Securities and Exchange Commission.(Drabick, James) (Entered: 05/07/2014)
Doc 68 PDF file
http://www.scribd.com/doc/225347663/SEC-v-Spencer-Pharmaceutical-Inc-Et-Al-Doc-68-Filed-07-May-14
Pacer update 07 May 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334-WGY
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
05/07/2014 69 MEMORANDUM in Support re 68 MOTION to Compel the Production of Documents and to Issue Sanctions filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Drabick, James) (Entered: 05/07/2014)
05/07/2014 68 MOTION to Compel the Production of Documents and to Issue Sanctions by Securities and Exchange Commission.(Drabick, James) (Entered: 05/07/2014)
05/02/2014 67 NOTICE re 51 Order Referring Case to ADR ISSUED, cc:cl. Magistrate Judge Kenneth P. Neiman is prepared to mediate this matter in Boston on 6/19/14. By no later than 5/14/14, the parties shall jointly inform the clerk by email (Bethaney_Healy@mad.uscourts.gov) as to (1) whether this matter is ripe for mediation, and (2) whether the proposed date is mutually convenient to the parties; cc/to Pro Se parties. (Healy, Bethaney) Modified on 5/5/2014 to add copy to pro se parties. (Finn, Mary). (Entered: 05/02/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-WGY
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge William G. Young
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot represented by Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc. represented by Faun M. Phillipson
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hilbroy Advisory Inc.
represented by Faun M. Phillipson
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
ATTORNEY TO BE NOTICED
Mediator
Judge Kenneth P. Neiman
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Anyone have any idea why is Spencer suing Amyot & Hilbroy in Quebec Superior Court ?
Does Spencer have a lawyer ?
Amyot's Quebec lawyer says he no longer represents Amyot and La Presse couldn't get a hold of the US lawyers representing Amyot according to La Presse:
http://affaires.lapresse.ca/dossiers/litiges-economiques/201405/15/01-4766896-lamf-a-decouvert-un-reseau-aux-tentacules-mondiaux.php
Yes, moving forward - News from La Presse
Google Translation:
PUBLICATION: La Presse
DATE: 2014.05.15
SECTION: La Presse Affaires
PAGE: LA PRESSE AFFAIRES / FRONT
BYLINE: Francis Vailles
A network with global tentacles
The Autorité des marchés financiers (AMF) has discovered an incredible network of market manipulation with tentacles around the world, but whose roots are in Montreal. New York , Boston , Kuwait, Panama , the network seems to have sitting around.
The description of the organization is in a summary investigation that La Presse obtained after three years of court actions . The document describes in detail what is generally called a " pump & dump " or swabbing of shells stock through false news.
The orchestra leader of the organization is Montreal's Jean -François Amyot . Financial and business IAB Media Tips and Hillbroy specialize in the promotion of several small cap stocks , generally on an exchange outside U.S. or Canadian number.
The query obtained by La Presse was sealed for three years. It sought to convince the court to block the accounts and transactions of a dozen companies and individuals. Among them , we find Jean- Francois Amyot, but Andrea Cortellazzi and Serge Ollu , as well as businesses and Neuro- Biotech Wanderport . The court called Office decision and overhaul ( BDR ) , gave blocking in December 2011.
The AMF investigation focuses specifically on Spencer Pharmaceutical company , incorporated in Delaware. For this single company, the AMF considers that the organization of Jean- Francois Amyot has reaped illegal profits of $ 4.1 million in a few months in 2010, at the expense of small investors.
UQAM
To achieve their goals , Amyot and his cronies have used a particular researcher in biotechnology, Max Arella , and the name of the institution or the University of Quebec at Montreal (UQAM) . At the time of going to press, the spokesman of UQAM, Jenny Desrochers, was not able to comment on the situation. We could not reach Mr. Arella , to work today for the INRS.
By doing a search , MFA has found the plan several statements , prepared in advance , which were used to promote the title. Bogus ads, spread over 16 weeks , were scattered by the IAB firm on its network of 350,000 emails from investors, more than 200 000 members Facebook and Twitter.
The lawyer representing Jean- Francois Amyot is Marc- André Boutin, the firm Davies Ward Phillips & Vineberg . By mid- afternoon yesterday, he always said to represent Mr. Amyot and do not want to comment . However , in the late afternoon, he reminded us to tell us he had joined Mr. Amyot, but the latter told him that he was no longer her lawyer. We were unable to join the new counsel for Mr. Amyot, United States .
Moreover, it was not possible to know if the RCMP and the SQ is conducting a criminal investigation into the case. However, the Securities & Exchange Commission ( SEC) of the United States, during the AMF is investigating.
La Presse link:
http://affaires.lapresse.ca/dossiers/litiges-economiques/201405/15/01-4766896-lamf-a-decouvert-un-reseau-aux-tentacules-mondiaux.php
Not online, in printed version of La Presse
Online Translation:
Dozens of fake press releases
Market manipulation disclosed in the Financial Markets Authority (AMF) began in spring 2009. And it would have enabled its promoters to make a profit of 4.1 million in a few months.Through one of his companies , financial Jean- Francois Amyot then took control of a market shell, which he named Spencer Pharmaceutical. Spencer then gave the mandate to one controlled by Amyot , IAB Media companies , lather the title.To make this work , IAB received 24 million shares , which is then worth a few cents each. Many of these shares will be purchased gradually by two funds controlled by Amyot and Panama baptized Cunningham Adams Group of Funds . It is from this tax haven Panama Amyot make its profits, according to the document of the AMF.In November 2009, Spencer concludes a research agreement with Max Arella and Mircea -Alexandru Mateescu , researchers in biotechnology at UQAM. Spencer says that specializes in supporting neurological diseases such as Alzheimer sector and Parkinson's . The facts related by the AMF suggest that Mr. Arella and UQAM were used .The real swabbing title starts in June 2010. Between June and December , the company will issue 48 releases announcing sensational news that reveal most false , according to the AMF.At the end of June 2010 , Spencer argues in a statement that it has signed an agreement with the research center at UQAM , while the agreement was signed seven months earlier . In several releases that follow, Spencer repeats the name of UQAM and even registered the university logo on its website , while the establishment prohibits such practices.August 24, 2010 , Spencer announces remarkable research center at UQAM results. IAB Media massively then communicates the new investors , including on its website itsallbull with its bullish impact on the title. However, the ad is false , according to subsequent verifications What made ??the AMF at UQAM.Between October and December 2010, the ads are almost daily . For example, on October 21 and November 1 , Spencer announces the certification of an ethical organization and an association with a pharmaceutical company . However, these two seemingly independent organizations are controlled by Amyot .In the first weeks , the funds held in Panama Amyot , Cunningham, acquire shares , making up each time the title of a few cents. Transactions Cunningham sometimes represent more than 50 % of the volume of a day. IAB argues its members that the investors as racing, to buy.An offer of 245 millionIt is from November 4 that the title really starts to soar. Spencer then announces she has received an offer of 245 million . The details are revealed in dribs and drabs over the next few days, exciting investors.At first it is a question of a Russian firm , then learns, November 16 , it is the company Al -Dora , presented as the firm a wealthy family of Kuwait. The AMF could not trace the existence of this company.The group representative is Hussain Al- Awaid , a man who also said vice -president of the Canadian Commercial Group company . He had also come to the Mount Stephen Club in Montreal . " However, the RCMP laid 53 charges against Canadian Commercial Group for fraud in connection with illegal immigration ," said the AMF.In the wake of the announcement of the offer of 245 million , the track climbs quickly, sometimes by 46% in one day. The company Amyot Panama the opportunity to sell without some $ 500,000 per day .To realize the pseudo- transaction, Spencer announces that a deposit of $ 500,000 will be made in his account shortly. A transfer was actually made ??in early 2011, but the AMF discovered he had a controlled again by Amyot society.In total, firms Amyot in Panama r ? Alisé a profit of 4.1 million with this single case.
Original French Text:
PUBLICATION: La Presse
DATE: 2014.05.15
SECTION: La Presse Affaires
PAGE: LA PRESSE AFFAIRES
BYLINE: Francis Vailles
________________________________________
Des dizaines de communiqués bidon
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La manipulation boursière décrite dans le document de l'Autorité des marchés financiers (AMF) a débuté au printemps 2009. Et elle aurait permis à ses instigateurs de réaliser un profit de 4,1 millions en quelques mois.
Par l'entremise d'une de ses entreprises, le financier Jean-François Amyot a alors pris le contrôle d'une coquille boursière, qu'il a nommée Spencer Pharmaceutical. Spencer a ensuite donné le mandat à l'une des sociétés contrôlées par Amyot, IAB Media, de faire mousser le titre.
Pour faire ce travail, IAB a reçu 24 millions d'actions, qui ne valaient alors que quelques cents chacune. Plusieurs de ces actions seront rachetées petit à petit par deux fonds du Panama contrôlés par Amyot et baptisés Cunningham Adams Group of Funds. C'est depuis ce paradis fiscal du Panama qu'Amyot fera ses profits, selon le document de l'AMF.
En novembre 2009, Spencer conclut une entente de recherche avec Max Arella et Mircea-Alexandru Mateescu, des chercheurs en biotechnologies à l'UQAM. Spencer se dit spécialisée dans le secteur porteur des maladies neurologiques comme l'alzheimer et le parkinson. Les faits relatés par l'AMF semblent indiquer que M. Arella et l'UQAM ont été utilisés.
Le véritable pistonnage du titre commence en juin 2010. Entre juin et décembre, l'entreprise publiera 48 communiqués annonçant des nouvelles sensationnelles qui se révèlent pour la plupart fausses, selon l'AMF.
A la fin de juin 2010, Spencer soutient dans un communiqué qu'elle vient de conclure une entente avec le centre de recherche de l'UQAM, alors que l'entente a été conclue sept mois plus tôt. Dans plusieurs des communiqués qui suivent, Spencer répète le nom de l'UQAM et inscrit même le logo de l'université sur son site internet, alors que l'établissement interdit ces pratiques.
Le 24 août 2010, Spencer annonce des résultats remarquables à son centre de recherche de l'UQAM. IAB Media communique alors massivement la nouvelle aux investisseurs, notamment sur son site internet itsallbull, avec ses effets haussiers sur le titre. Or, l'annonce est fausse, selon les vérifications ultérieures qu'a faites l'AMF auprès de l'UQAM.
Entre octobre et décembre 2010, les annonces sont presque quotidiennes. Par exemple, le 21 octobre et le 1er novembre, Spencer annonce la certification d'un organisme éthique et une association avec une société pharmaceutique. Or, ces deux organismes en apparence indépendants sont contrôlés par Amyot.
Dans les premières semaines, les fonds que détient Amyot au Panama, Cunningham, acquièrent des actions, faisant chaque fois monter le titre de quelques cents. Les transactions de Cunningham représentent parfois plus de 50% du volume d'une journée. IAB fait valoir à ses membres investisseurs que le titre s'emballe, qu'il faut acheter.
Une offre de 245 millions
C'est à partir du 4 novembre que le titre se met véritablement à monter en flèche. Spencer annonce alors qu'elle vient de recevoir une offre de 245 millions. Les détails sont révélés au compte-gouttes au cours des jours suivants, excitant les investisseurs.
Au début, il est question d'une firme russe, puis on apprend, le 16 novembre, qu'il s'agit de la société Al-Dora, présentée comme la firme d'une famille riche du Koweït. L'AMF n'a pu retracer l'existence de cette société.
Le représentant du groupe serait Hussain Al-Awaid, un homme qui se dit également vice-président de la société Canadian Commercial Group. Il devait d'ailleurs venir au Mount Stephen Club, à Montréal. «Or, la GRC a déposé 53 chefs d'accusation contre Canadian Commercial Group pour une fraude en lien avec l'immigration illégale», précise l'AMF.
Dans la foulée de l'annonce de l'offre de 245 millions, le titre grimpe rapidement, parfois de 46% en une journée. La société d'Amyot au Panama en profite pour vendre, à coup de quelque 500 000$ par jour.
Pour concrétiser la pseudo-transaction, Spencer annonce qu'un dépôt de 500 000$ sera fait dans son compte incessamment. Un virement a effectivement été fait, au début de 2011, mais l'AMF a découvert qu'il venait d'une société contrôlée, encore une fois, par Amyot.
Au total, les firmes d'Amyot au Panama ont r?alisé un profit de 4,1 millions avec cette seule affaire.
REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY)
The United States District Court for the District of Massachusetts presents its compliments to the Nova Scotia Supreme Court in the Province of Nova Scotia, Canada, and requests judicial assistance to compel the attendance of a witness at an oral deposition in Nova Scotia and the production of documents to be used in a civil proceeding before this Court in the above-captioned matter. This Court requests the assistance described herein as necessary in the interests of justice and d irects this request to the appropriate Judicial Authority in the Province of Nova Scotia, Canada.
I. Summary of Action
The United States Securities and Exchange Commission (the "SEC" or "Commission") filed this action on December 17, 2012, in the United States District Court for the District of Massachusetts against: Spencer Pharmaceutical Inc. ("Spencer"), a Delaware corporation; current and/or former Canadian residents Jean-Fram;;ois Amyot, Maximil ien Arella, and Ian Morrice; and Canad ian companies JAB Med ia Inc. ("JAB"), and Hilbroy Advisory Inc. ("Hilbroy"). In its Complaint, the SEC alleges that the defendants violated the anti-fraud provisions of the federal securities laws by orchestrating a "pump-and-dump" scheme involving the shares of Spencer, a penny stock traded on the United States' domestic over-the-counter securities market. The SEC also alleges that defendants Amyot, Arella, and Spencer violated the registration provisions of the federal securities laws by engaging in the sale of unregistered securities in Spencer.
The SEC alleges that Amyot led a scheme perpetrated by the defendants to falsely promote Spencer's business activities and a fake buyout offer in order to benefit from selling Spencer's shares at inflated prices. Amyot initiated the scheme by orchestrating a reverse merger to create Spencer in 2009. While Spencer claimed it was a "US-based pharmaceutical company" based in Boston, Massachusetts, its Boston office was nothing more than a virtual office and its officers - Amyot, and then later, Arella and Morrice - were located in Canada.
Spencer issued millions of shares in November 2009, of which at least 69 million went to entities and funds Amyot controlled.
The SEC alleges that, after creating Spencer, which had large debts and no revenue or legitimate assets, the defendants began a two-stage promotional scheme in 2010. First, between March and November 2010, the defendants misled investors about Spencer's business activities and purported patent portfolio through a false and misleading disclosure statement and false and misleading press releases, as well as through related promotional materials distributed by JAB and third parties paid by Hilbroy. Then, in early November 2010, the defendants' scheme began a new, more aggressive phase when Spencer announced that it had received an unsolicited $245 million buyout offer from a purported Kuwaiti company called Al-Dora Holdings. Spencer proceeded to issue nearly twenty press releases concerning the offer's progression, leading the public to believe that the extraordinary buyout would be complete in March 2011. But then, two days before the purported closing date, Spencer abruptly announced that it had secured a "mutual extension agreement" with Al-Dora and its purported subsidiary, Hail First Pharma ("Hail First"), so that Spencer could finalize certain scientific studies. Spencer next announced, in September, that negotiations had ceased.
The SEC alleges that, in truth, the transaction never took place because the offer was nothing more than a fiction created to pump up Spencer's stock price. The offer was concocted by Amyot, and each of the defendants knew, or were reckless in not knowing, that it was not real. Amyot orchestrated all aspects of the offer, including the steps taken by Al-Dora and Hail First, and Arella and Morrice never confirmed that Al-Dora was a legitimate company, despite telling the market that due diligence was being conducted and that the offer was real. Based on their false and misleading promotional efforts, Amyot profited handsomely when he dumped approximately 36 million shares of Spencer for gross proceeds in excess of $5.8 million through two funds he controlled. Amyot was able to have so many shares available to him in part because, at an earlier date, he had orchestrated the illegal sale of 12 million purported ly unrestricted Spencer shares to a company for w hich he was the sole d irector, then through another company he controlled, and then eventually into one of the funds he controlled.
Based on this conduct alleged in its Complaint, the SEC claims that (1) all the defendants engaged in: (a) fraud in the offer or sale of securities, in violation of Sections l 7(a)(l ) and (3) of the Securities Act of 1933 ("Securities Act"), and (b) fraudulent or deceptive conduct in connection with the purchase or sale of securities, in violation of Section I O(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules I Ob-5(a) and (c) thereunder; (2) Spencer, Amyot, Arella, and Morrice engaged in: (a) fraud in the offer or sale of securities, in violation of Section l 7(a)(2) of the Securities Act, and (b) fraudulent or deceptive conduct in connection with the purchase or sale of securities, in violation of Section I O(b) of the Exchange Act and Rule 10b-5(b) thereunder; (3) Arella, Morrice, IAB Media, and Hilbroy aided and abetted Spencer's violations of Section 17(a) of the Securities Act, Section I O(b) of the Exchange Act, and Rule I Ob-5; (4) Amyot had control person liability for Spencer's violations of Section I O(b) of the Exchange Act, and Rule I Ob-5; and (5) Spencer, Amyot, and Arella engaged in the sale of unregistered securities in violation of Sections 5(a) and 5(c) of the Securities Act. The SEC's
Complaint seeks permanent injunctions, disgorgement, prejudgment interest, and civil monetary penalties against all defendants, as wel l as officer and director bars and penny stock bars against Amyot, Arella, and Morrice.
Defendants Amyot, Arella, Morrice, Hilbroy, and JAB Media have filed Answers in which they have denied the majority of the allegations in the Commission's Complaint and have denied any wrongdoing or violations of law. Defendant Spencer has failed to respond to the Complaint. Ultimately at issue in the case is whether the Commission can establish its allegations of improper conduct by the defendants under the securities laws.
The Commission brought this action pursuant to the enforcement authority conferred upon it by Section 20(b) of the Securities Act [15 U.S.C. § 77t(b)] and Section 21(d) of the Exchange Act [15 U.S.C. §§ 78u(d)]. This Court has jurisdiction over this action pursuant to Sections 20(d) and 22(a) of the Securities Act [15 U.S.C. §§ 77t(d), 77v(a)] and Sections 21(d), 21(e), and 27 of the Exchange Act [15 U.S.C. §§ 78u(d), 78u(e), 78aa].
II. Assistance Required
A substantial amount of the conduct giving rise to the allegations in the Complaint took place in Canada, and one of the important witnesses resides in the Province of Nova Scotia.
During the relevant time period, defendants Amyot, Arella, JAB, and Hilbroy were each located in the Province of Quebec, and Mr. Morrice resided in the Province of Ontario. Similarly, one of the witnesses with knowledge of facts relevant to this action, specifically Hussain Al-Awaid, resides in Bedford, Nova Scotia. Mr. Al-Awaid is identified in the defendants' Initial Disclosures as an individual who may have discoverable information that the defendants may use to support their defenses. Based on its own information and based on the defendants' initial disclosures, the SEC believes that Mr. Al-Awaid has key information concerning the defendants' pump-and-dump scheme. Mr. Al-Awaid was identified in Spencer's press releases as the CEO of Al-Dora, the company that purported ly offered to acquire Spencer.
This Court has jurisdiction under the Federal Rules of Civil Procedure to order discovery, including depositions of witnesses upon oral examination and production of documents from any person regarding any matter which is relevant to the subject matter of the pending action.
The testimony and documents the SEC is seeking from the aforementioned witness who resides in Nova Scotia are not only relevant to discovery, but are also necessary for the trial of this case and are not otherwise obtainable by this Court at trial through this Court's compulsory process. Thus, the evidence so obtained will be used by the parties at the trial itself. The evidence sought in Nova Scotia by this Request is necessary in order for this Court to do justice in this case. Therefore, this Court respectfully requests that, in the interest of justice, you issue appropriate orders, subpoenas, or other compulsory process necessary to compel the attendance of the witness listed below for oral deposition and for the production of documents described below concerning any matter relevant to this case.
This Court further requests that the proper judicial authorities of Nova Scotia cause the depositions to be recorded in writing by a qualified court reporter, to cause the recordi ngs of the depositions to be authenticated, to allow the depositions to be videotaped, and to cause the authenticated records to be delivered to Plaintiff s and Defendants' counsel. It is hereby requested that Plaintiff s representatives be granted the option to have the testimony videotaped by a qualified videographer. The original transcripts of the testimony, and if the testimony is videotaped, the videotapes, should be returned to Plaintiff s representatives for retention and production at the time of trial.
Pursuant to 28 U.S.C. § 1 782, this Court stands ready to extend similar assistance to the Courts of the Province of Nova Scotia in like cases.
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REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY)
The United States District Court for the District of Massachusetts presents its compliments to the Superior Court of Quebec in the Province of Quebec, Canada, and requests judicial assistance to compel the attendance of witnesses at oral depositions in the Province of Quebec and the production of documents to be used in a civil proceeding before this Court in the above-captioned matter. This Court requests the assistance described herein as necessary in the interests of justice.
I. Summary of Action
The United States Securities and Exchange Commission (the "SEC" or "Commission") filed this action on December 17, 2012, in the United States District Court for the District of Massachusetts against: Spencer Pharmaceutical Inc. ("Spencer"), a Delaware corporation; current and/or former Canadian residents Jean-Frarn;:ois Amyot, Maximilien Arella, and Ian Morrice; and Canadian companies JAB Media Inc. ("JAB"), and Hilbroy Advisory Inc. ("Hilbroy"). In its Complaint, the SEC alleges that the defendants violated the anti-fraud provisions of the federal securities Jaws by orchestrating a "pump-and-dump" scheme involving the shares of Spencer, a penny stock traded on the United States' domestic over-the-counter securities market. The SEC also alleges that defendants Amyot, Arella, and Spencer violated the registration provisions of the federal securities laws by engaging in the sale of unregistered securities in Spencer.
The SEC alleges that Amyot Jed a scheme perpetrated by the defendants to falsely promote Spencer's business activities and a fake buyout offer in order to benefit from selling Spencer's shares at inflated prices. Amyot initiated the scheme by orchestrating a reverse merger to create Spencer in 2009. While Spencer claimed it was a "US-based pharmaceutical company" based in Boston, Massachusetts, its Boston office was nothing more than a virtual office and its officers - Amyot, and then later, AreIla and Morrice - were located in Canada.
Spencer issued millions of shares in November 2009, of which at least 69 million went to entities and funds Amyot controlled.
The SEC alleges that, after creating Spencer, which had large debts and no revenue or legitimate assets, the defendants began a two-stage promotional scheme in 2010. First, between March and November 2010, the defendants misled investors about Spencer's business activities and purported patent portfolio through a false and misleading disclosure statement and false and misleading press releases, as well as through related promotional materials distributed by JAB and third parties paid by Hilbroy. Then, in early November 2010, the defendants' scheme began a new, more aggressive phase when Spencer announced that it had received an unsolicited $245 million buyout offer from a purported Kuwaiti company called Al-Dora Holdings. Spencer proceeded to issue nearl y twenty press releases concerning the offer's progression, leading the public to believe that the extraordinary buyout would be complete in March 2011. But then, two days before the purported closing date, Spencer abruptly announced that it had secured a "mutual extension agreement" with Al-Dora and its purported subsidiary, Hail First Pharma ("Hail First"), so that Spencer could finalize certain scientific studies. Spencer next announced, in September, that negotiations had ceased.
The SEC alleges that, in truth, the transaction never took place because the offer was nothing more than a fiction created to pump up Spencer's stock price. The offer was concocted by Amyot, and each of the defendants knew, or were reckless in not knowing, that it was not real. Amyot orchestrated all aspects of the offer, including the steps taken by Al-Dora and Hail First, and Arella and Morrice never confirmed that Al-Dora was a legitimate company, despite telling the market that due diligence was being conducted and that the offer was real. Based on their false and misleading promotional efforts, Amyot profited handsomely when he dumped approximately 36 million shares of Spencer for gross proceeds in excess of $5.8 million through two funds he controlled. Amyot was able to have so many shares available to him in part because, at an earlier date, he had orchestrated the illegal sale of 12 million purportedly unrestricted Spencer shares to a company for which he was the sole director, then through another company he controlled, and then eventually into one of the funds he controlled.
Based on this conduct alleged in its Complaint, the SEC claims that ( 1) all the defendants engaged in: (a) fraud in the offer or sale of securities, in violation of Sections l 7(a)( 1) and (3) of the Securities Act of 1933 ("Securities Act"), and (b) fraudulent or deceptive conduct in connection with the purchase or sale of securities, in violation of Section 1O(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5(a) and (c) thereunder; (2) Spencer, Amyot, Arella, and Morrice engaged in: (a) fraud in the offer or sale of securities, in violation of Section 17(a)(2) of the Securities Act, and (b) fraudulent or deceptive conduct in connection with the purchase or sale of securities, in violation of Section 1O(b) of the Exchange Act and Rule 1Ob-5(b) thereunder; (3) Arella, Morrice, IAB Media, and Hilbroy aided and abetted Spencer's violations of Section 17(a) of the Securities Act, Section I O(b) of the Exchange Act, and Rule l Ob-5; (4) Amyot had control person liability for Spencer's violations of Section I O(b) of the Exchange Act, and Rule I Ob-5; and (5) Spencer, Amyot, and Arella engaged in the sale of unregistered securities in violation of Sections 5(a) and 5(c) of the Securities Act. The SEC's Complaint seeks permanent injunctions, disgorgement, prejudgment i nterest, and civil monetary penalties against all defendants, as well as officer and director bars and penny stock bars against Amyot, Arella, and Morrice.
Defendants Amyot, Arella, Morrice, Hilbroy, and JAB Media have filed Answers in which they have denied the majority of the allegations of the Commission's Complaint and have denied any wrongdoing or violations of law. Defendant Spencer has failed to respond to the Complaint. Ultimately at issue in the case is whether the Commission can establish its allegations of improper conduct by the defendants under the securities laws.
The Commission brought this action pursuant to the enforcement authority conferred upon it by Section 20(b) of the Securities Act [15 U.S.C. § 77t(b)] and Section 21 (d) of the Exchange Act [15 U.S.C. §§ 78u(d)]. This Court has jurisdiction over this action pursuant to Sections 20(d) and 22(a) of the Securities Act [15 U.S.C. §§ 77t(d), 77v(a)] and Sections 21(d), 2 l(e), and 27 of the Exchange Act [15 U.S.C. §§ 78u(d), 78u(e), 78aa].
II. Assistance Required
A substantial amount of the conduct giving rise to the allegations in the Complaint took place in Canada, and several important witnesses reside in the Province of Quebec. During the relevant time period, defendants Amyot, Arella, JAB, and Hilbroy were each located in the
Provi nce of Quebec, and Mr. Morrice resided in the Province of Ontario. Likewise, a number of witnesses with knowledge of facts relevant to this action also reside in the Province of Quebec. Specifically, the SEC has reason to believe, based on the defendants' Initial Disclosures and its own investigation, that the following nine individuals residing in the Province of Quebec have key information concerning the alleged pump-and-dump scheme:
• Eric Boyd and Jean-Guy Lambert, who are identified in one or more of the defendants' Initial Disclosures as individuals who played key roles in the creation of Spencer;
• Franois Vallet and Marc Gagnon, who are identified in one or more of the defendants' Initial Disclosures as individuals who were responsible for key work undertaken by IAB Media and Hilbroy Advisory, including promotional work for Spencer;
• Rami Ailabouni and Isabelle Papillon, who are identified in one or more of the defendants' Initial Disclosures as individuals involved with the purported buy-out offer from Al-Dora;
• Claude Boulanger, who is identified in one or more of the defendants ' Initial Disclosures as an attorney who advised Spencer about the buyout offer and Spencer's associated press releases (and on whose advice defendant Arella intends to rely as a defense);
• Stephane Goulet, who is identified in one or more of the defendants' Initial Disclosures as an individual who provided proceeds from the sale of Spencer shares to defendants Arella and/or Morrice; and
• Sylvain Amyot, whom the SEC has identified as an individual who may have information concerning defendant Jean-Franois Amyot's al leged il legal transfer of Spencer securities as part of the pum p-and-dump scheme.
This Court has jurisdiction under the Federal Rules of Civil Procedure to order discovery, including depositions of witnesses upon oral examination and production of documents from any person regarding any matter which is relevant to the subject matter of the pending action.
The testimony and documents the SEC is seeking from the aforementioned witnesses who reside in the Province of Quebec are not only relevant to discovery, but are also necessary for the trial of this case and are not otherwise obtainable by this Court at trial through this Court's compulsory process. Thus, the evidence so obtained will be used by the parties at the trial itself. The evidence sought in the Province of Quebec by this Request is necessary in order for this Court to do justice in this case. Therefore, this Court respectfully requests that, in the interest of justice, the proper judicial authorities of the Province of Quebec issue appropriate orders, subpoenas, or other compulsory process necessary to compel the attendance of witnesses listed below for oral depositions and for the production of documents described below concerning any matter relevant to this case.
This Court further requests that the proper judicial authorities of the Province of Quebec cause the depositions to be recorded in writing by a qualified court reporter, to cause the recordings of the depositions to be authenticated, to allow the depositions to be videotaped, and to cause the authenticated records to be delivered to Plaintiff s and Defendants' counsel. It is hereby requested that Plaintiff s representatives be granted the option to have the testimony videotaped by a qualified videographer. The original transcripts of the testimony, and if the testimony is videotaped, the videotapes, should be returned to Plaintiff s representatives for retention and production at the time of trial.
Pursuant to 28 U.S.C. § 1782, this Court stands ready to extend similar assistance to the Courts of the Province of Quebec in like cases.
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03/07/2014 66 LETTER ROGATORY issued as to the Province of Nova Scotia, Canada. (Paine, Matthew) (Entered: 03/10/2014)
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03/07/2014 65 LETTER ROGATORY issued as to the Province of Quebec, Canada. (Paine, Matthew) (Entered: 03/10/2014)
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Pacer update 07 Mar 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334-WGY
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
03/07/2014 66 LETTER ROGATORY issued as to the Province of Nova Scotia, Canada. (Paine, Matthew) (Entered: 03/10/2014)
03/07/2014 65 LETTER ROGATORY issued as to the Province of Quebec, Canada. (Paine, Matthew) (Entered: 03/10/2014)
03/07/2014 64 Judge William G. Young: ELECTRONIC ORDER entered granting 62 Third MOTION for Issuance of Letters Rogatory to Canada (Unopposed). (Paine, Matthew) (Entered: 03/10/2014)
03/06/2014 63 MEMORANDUM in Support re 62 Third MOTION for Issuance of Letters Rogatory to Canada (Unopposed) filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit A - Proposed Letter Rogatory to Quebec, # 2 Exhibit B - Proposed Letter Rogatory to Nova Scotia, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Drabick, James) (Entered: 03/06/2014)
03/06/2014 62 Third MOTION for Issuance of Letters Rogatory to Canada (Unopposed) by Securities and Exchange Commission.(Drabick, James) (Entered: 03/06/2014)
03/04/2014 61 Judge William G. Young: ELECTRONIC ORDER entered: The terms "alluding to" and "relating to" are impermissibly overbroad. Accordingly, the motion is denied without prejudice to the framing of a truly narrowed and tailored document request. re 59 Second MOTION for Issuance of Letters Rogatory to Canada (Unopposed) (Paine, Matthew) (Entered: 03/05/2014)
02/28/2014 60 MEMORANDUM in Support re 59 Second MOTION for Issuance of Letters Rogatory to Canada (Unopposed) filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit A - Proposed Letter Rogatory to Quebec, # 2 Exhibit B - Proposed Letter Rogatory to Nova Scotia, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Drabick, James) (Entered: 02/28/2014)
02/28/2014 59 Second MOTION for Issuance of Letters Rogatory to Canada (Unopposed) by Securities and Exchange Commission.(Drabick, James) (Entered: 02/28/2014)
02/24/2014 58 Judge William G. Young: ELECTRONIC ORDER entered: denied without prejudice to its renewal. The phrase "related to" is overbroad re 56 Motion for Issuance of Letters Rogatory (Paine, Matthew) (Entered: 02/24/2014)
02/21/2014 57 MEMORANDUM in Support re 56 MOTION for Issuance of Letters Rogatory to Canada (Unopposed) filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit A - Proposed Letter Rogatory to Quebec, # 2 Exhibit B - Proposed Letter Rogatory to Nova Scotia, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Drabick, James) (Entered: 02/21/2014)
02/21/2014 56 MOTION for Issuance of Letters Rogatory to Canada (Unopposed) by Securities and Exchange Commission. (Drabick, James) (Modified on 2/24/2014 to Correct Docket Text) (Paine, Matthew). (Entered: 02/21/2014)
02/07/2014 55 Reset Deadlines: Summary Judgment Motions due by 6/2/2014, September 2014 Final Pretrial Conference, Ready for Trial on 10/6/2014 09:00 AM in Courtroom 18 before Judge William G. Young. (Paine, Matthew) (Entered: 02/07/2014)
02/07/2014 54 Judge William G. Young: ELECTRONIC ORDER entered: "Motion allowed. There shall be no further continuances." re 53 Joint MOTION for Order to Modify Case Schedul (Paine, Matthew) (Entered: 02/07/2014)
01/21/2014 53 Joint MOTION for Order to Modify Case Schedule by Securities and Exchange Commission.(Drabick, James) (Entered: 01/21/2014)
01/07/2014 52 Notice of assignment to ADR Provider. Judge Kenneth P. Neiman appointed.(Garvin, Brendan) (Entered: 01/07/2014)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-WGY
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge William G. Young
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by Faun M. Phillipson
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hilbroy Advisory Inc.
represented by Faun M. Phillipson
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
ATTORNEY TO BE NOTICED
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
An ex-associate of the husband of Marois interested the Americans
April 2, 2014 6:44 |
Jean -François Cloutier / Investigation Bureau
Updated April 2, 2014 at 6:45 amA
A former partner of the husband of Pauline Marois, Claude Blanchet, and an advisor to the Canadian Senate, are two witnesses that U.S. investigators with the Securities and Exchange Commission want to question in a nebula stock manipulation case involving Quebec .
According to court documents obtained by our Bureau of Investigation , the Securities and Exchange Commission ( SEC) has approached a court in Boston, there is a month for permission to interview the man in Montreal, businessman Jean -Guy Lambert, and an advisor to the Senate Foreign Affairs , Rami Ailabouni.
Eight other witnesses are also affected by the request of the SEC, the U.S. equivalent of the AMF market ( AMF ) in Quebec.
The case concerns Spencer Pharmaceutical, a U.S. pharmaceutical company officially , but in fact controlled from Montreal , according to the SEC. It filed charges in December 2012 against Jean- Francois Amyot , 40, Maximilien Arella , 59, and Ian Morrice , 52, in this case.
According to what is alleged in court documents, Amyot would have led " a ploy to falsely promote the activities of the company, Spencer Pharmaceutical, and a false bid for the company," with the help of Arella and Morrice .The aim was "to profit from the sale of shares of Spencer at an inflated price ."Technology supposedly developed by Spencer was bogus.
Amyot reportedly sold for U.S. $ 5.8 million shares via shell companies, according to the SEC.
Party in the Bahamas
Jean- Francois Amyot controls IAB Media and Hilbroy Advisory.
The two companies involved in stock promotions, are subject to a restraint order of the MFA since 2011, confirmed the spokesperson Sylvain Théberge. They are also affected by the continuation of the SEC case. According to our information , he left Montreal to live in the Bahamas, a tax haven, shortly before the filing of charges against him.
Maximilien Arella is a retired teacher. He worked at the National Institute of Scientific Research ( INRS) .
Ian Morrice is vice president and director of Spencer. It was not possible to speak or to Jean -François Amyot nor Ian Morrice .
Maximilien Arella , reached by telephone , would not comment.
In its defense, filed on March 19, he categorically rejects the accusations against him." I realize that my experience and my scientific projects have been used against my will in a potential ploy " pump and dump " ," he said. He said he trusted Amyot because of the people around him."People around Mr. Amyot ( ... ) and all of its officers were top political figures placed very close to the Prime Minister and some ministers and senators. "The ex- partner said he was surprised.
When contacted, Jean -Guy Lambert said he was very surprised by the fact that the SEC wants to talk to him, "You tell me."
Allegations against Amyot, listed in the documents, state that he would have received a share of the proceeds of a fund used by Amyot, are totally false, he said. "I lost a lot of money with that," he said.He said he had ceded control to Amyot a company called Emergensys , which was then renamed Spencer Pharmaceutical.
Jean -Guy Lambert is CEO of Dacha Capital, a company funding various projects of venture capital in Québec.
Dacha has invested in Distinction Group, a giant in housekeeping. In an interview, he defined himself as a former " close associate " of Claude Blanchet. It was as a shareholder and director in Dacha and Distinction. " He contacted me when he left the SGF and I invited him on my board of directors," he said.
Rami Aibalouni could not be reached. A man called to speak for her and posing as his friend , said he could not talk about yet ." What is written in the documents, it is just 25 % of the story. There are many ramifications, "said he said.
- A loose translation
http://argent.canoe.ca/nouvelles/un-ex-associe-du-mari-de-marois-interesse-les-americains-2042014
We've always known that Amyot has serious political connections in Montreal. I sometimes wonder if that is why the AMF investigation seems to be progressing so slowly.
If scion has any updates on the SEC case, I'd be interested to se them.
Pacer update 07 Jan 14 - SEC v. Spencer Pharmaceutical Inc et al CIVIL DOCKET FOR CASE #: 1:12-cv-12334-WGY
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
Date Filed # Docket Text
01/07/2014 52 Notice of assignment to ADR Provider. Judge Kenneth P. Neiman appointed.(Garvin, Brendan) (Entered: 01/07/2014)
12/30/2013 51 REFERRING CASE to Alternative Dispute Resolution as of January 2014.(Paine, Matthew) (Entered: 12/30/2013)
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-12334-WGY
Securities and Exchange Commission v. Spencer Pharmaceutical Inc et al
Assigned to: Judge William G. Young
Cause: 12:22 Securities Fraud
Date Filed: 12/17/2012
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Amy Gwiazda
United States Securities and Exchange Commission
33 Arch Street
23rd Flr.
Boston, MA 02110-1424
617-573-8839
Email: gwiazdaa@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Drabick
Securities and Exchange Commission - MA
33 Arch Street
23rd Floor
Boston, MA 02110-1424
617-573-4535
Email: drabickj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Franklin C. Huntington , IV
Securities and Exchange Commission
33 Arch Street
23rd Floor
Boston, MA 02110
617-573-8960
Fax: 617-573-4590
Email: huntingtonf@sec.gov
ATTORNEY TO BE NOTICED
V.
Defendant
Spencer Pharmaceutical Inc
Defendant
Jean-Francois Amyot
represented by Faun M. Phillipson
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
Phillipson & Uretsky LLP
111 Broadway
8th Floor
New York, NY 10006
212-571-1255
Email: uretsky@phillipson-uretsky.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
Hinckley Allen Snyder LLP
Suite 1500
50 Kennedy Plaza
Providence, RI 02903
401-274-2000
Fax: 401-277-9600
Email: medwards@haslaw.com
ATTORNEY TO BE NOTICED
Defendant
Maximilien Arella
represented by Maximilien Arella
586 Giraud
Laval, QC H7X 3J6
Canada
514-995-9874
PRO SE
Defendant
Ian Morrice
represented by Ian Morrice
9 Okanagan Drive
Nepean, ON K2H 7E7
Canada
613-808-0542
PRO SE
Defendant
IAB Media Inc.
represented by Faun M. Phillipson
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hilbroy Advisory Inc.
represented by Faun M. Phillipson
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jonathan C. Uretsky
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mitchell R. Edwards
(See above for address)
ATTORNEY TO BE NOTICED
https://ecf.mad.uscourts.gov/cgi-bin/iquery.pl
More specifically, with the consent of Jean-François Amyot and Conseils Hilbroy inc., the Bureau ordered that bank accounts be frozen and the
www.glucksteinsilverspoon.com [http://www.glucksteinsilverspoon.com/ ]
and www.i2cg.org [ http://www.i2cg.org/] websites be shut down.
The Bureau also prohibited Jean-François Amyot, IAB Média inc. and Conseils Hilbroy inc. from carrying out any transaction in securities.
International Council for Corporate Governance
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