*Fife settled with the SEC in 2007, agreeing to pay $530,000 without admitting or denying the allegations.
John M Fife, head of Tiberius, himself was accused of fraud by the Securities and Exchange Commission in an unrelated market-timing case a few years ago.
The lawsuit was filed Monday in federal court in Minneapolis by Tiberius Capital II, a private equity fund run by a Chicago investor -- John Fife -- who is seeking to buy up MathStar shares in a hostile takeover
If any of Tiberius' accusations are true, a lot can still happen with a defunct company on the pink sheets. The complaint details 11 counts of alleged securities fraud and other illegal maneuvers including:
•Pumping MathStar stock by calling shareholders when Tiberius was trying to acquire shares.
•Secretly arranging a merger of MathStar with a language translation startup in Wisconsin called Sajan Inc. without disclosing it at MathStar's annual shareholders meeting in Minneapolis in July.
•"Ramping" MathStar stock -- entering orders for the stock at the end of the day to artificially inflate the price.
•Launching a creeping tender offer -- illegally buying up shares to fend off Tiberius without proper disclosure.
•Failing to disclose conflicts of interest, such as that Feltl and Co. worked for both MathStar and Sajan at times, and that Richard Perkins, a principal of Perkins Capital Management and a MathStar director, didn't disclose that he had clients invested in both MathStar and Sajan.
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