Scammers feel the noose tightening?
UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES ACT OF 1933
Release No. 10931 / February 26, 2021
SECURITIES EXCHANGE ACT OF 1934
Release No. 91224 / February 26, 2021
Admin. Proc. File No. 3-16386
In the Matter of
TIMOTHY W. CARNAHAN
AND
CYIOS CORPORATION
ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE BRIEFS
On January 25, 2021, the Commission granted a petition filed by Timothy W. Carnahan
on behalf of himself and CYIOS Corporation for review of an administrative law judge’s initial
decision finding that CYIOS violated, and Carnahan caused CYIOS to violate, Section 17(a)(3)
of the Securities Act of 1933, Section 13(a) of the Securities Exchange Act of 1934, and
Exchange Act Rules 13a-1 and 13a-13, and that Carnahan violated Exchange Act Rules 13a-14
and 13a-15(c).1
In that order, the Commission also denied a February 3, 2020 petition for review
filed by Jonathan D. Leinwand, an attorney purporting to represent CYIOS.
2
The Commission
did so because it found “no admissible evidence in the record” that Leinwand was authorized to
seek review of the initial decision on CYIOS’s behalf.
3
Leinwand has now filed a motion for an
extension of time to file briefs in this matter. He again purports to file this motion on behalf of
1 Timothy W. Carnahan, Exchange Act Release No. 90977, 2021 WL 241875 (Jan. 25,
2021); see also Tracy J. Anderson, CPA, Initial Decision Release No. 1394, 2020 WL 260282
(Jan. 10, 2020). We further denied the Division of Enforcement’s motion for summary
affirmance and scheduled the filing of briefs. Carnahan, 2021 WL 241875, at *2. We ordered
that respondents’ opening brief in support of their petition for review be filed by February 24,
2021; the Division’s brief in opposition by March 26, 2021; and respondents’ reply brief by
April 9, 2021. Id. Respondents timely filed their opening brief on February 24, 2021.
2 Carnahan, 2021 WL 241875, at *1 n.4.
3
Id.
2
CYIOS. But in light of the Commission’s prior disposition of Leinwand’s February 3, 2020
petition, there are no briefs for him to file in this matter, and his motion is denied.
Therefore, it is ORDERED that Jonathan D. Leinwand’s motion for an extension of time
to file briefs in this matter is denied.
For the Commission, by the Office of the Secretary, pursuant to delegated authority.4
Vanessa A. Countryman
Secretary
