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SEC v. David B. Stocker and Carrera Capital, Inc., Civil Action No. 2:08-CV-1475 (D. Arizona)
DISTRICT OF ARIZONA (Phoenix Division)
CIVIL DOCKET FOR CASE #: 2:08-cv-01475-FJM
Securities and Exchange Commission v. Stocker et al
Assigned to: Judge Frederick J Martone
Cause: 15:77 Securities Fraud
Date Filed: 08/11/2008
Jury Demand: None
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Leslie J Hughes
US Securities & Exchange Commission
1801 California St
Ste 1500
Denver , CO 80202
303-844-1086
Fax: 303-844-1068
Email: hugheslj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
David B Stocker
Defendant
Carrera Capital, Inc.
Date Filed # Docket Text
09/02/2008 5 WAIVER OF SERVICE Returned Executed by David B Stocker. David B Stocker waiver sent on 8/14/2008. (Hughes, Leslie) (Entered: 09/02/2008)
09/02/2008 4 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Carrera Capital, Inc. waiver sent on 8/14/2008. (Hughes, Leslie) (Entered: 09/02/2008)
08/12/2008 3 Summons Issued as to David B Stocker, and Carrera Capital, Inc. (Attachments: # 1 Summons Carrera Capital, Inc.)(HLA)*** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 08/12/2008)
08/12/2008 2 Notice re Magistrate Consent Form. (HLA) (Entered: 08/12/2008)
08/11/2008 This case has been assigned to the Honorable Frederick J. Martone. All future pleadings or documents should bear the correct case number: CIV-08-1475-PHX-FJM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (HLA) (Entered: 08/12/2008)
08/11/2008 1 COMPLAINT., filed by Securities and Exchange Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Hughes, Leslie) (Entered: 08/11/2008)
--------------
SEC v. David B. Stocker and Carrera Capital, Inc., Civil Action No. 2:08-CV-1475 (D. Arizona)
Litigation Release No. 20681 / August 12, 2008
SEC v. David B. Stocker and Carrera Capital, Inc., Civil Action No. 2:08-CV-1475 (D. Arizona)
On August 11, 2008, the United States Securities and Exchange Commission filed a civil complaint against David B. Stocker, a Phoenix, Arizona attorney, and his wholly-owned corporation, Carrera Capital, Inc. The Commission's complaint alleges that Stocker perpetrated multiple instances of corporate identity theft. Beginning in early 2006, Stocker allegedly found several companies whose stock had once traded in the public markets, but that had become defunct corporations and were no longer operating. When he found such a company, he allegedly incorporated a new company under the same name in the same State and, using his authority to act for the new company, purported to act on behalf of the old company. Specifically, Stocker allegedly caused stock in the old companies to be exchanged for stock in the new companies under the false pretense that the old company was undergoing a reverse stock split. Stocker then allegedly caused the new companies to issue large blocks of stock to Carrera Capital, Inc., or to other persons, such that he or the other persons typically held 99% of the stock in the new companies. Through this scheme, Stocker was allegedly able to gain control of public shells without having to pay for them or otherwise deal with their former control persons. The Commission alleges that Stocker profited from the scheme by selling the shells for cash payments.
Because an exchange of stock under false pretenses took place, fraud occurred in the offer or sale and in connection with the purchase or sale of a security. The Commission thus alleges that Stocker violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The issuance of stock in the new companies to the shareholders of the old companies also allegedly constituted an unregistered distribution of stock in violation of Sections 5(a) and (c) of the Securities Act of 1933, and the Commission charges the defendants with violating these provisions.
The Commission's complaint seeks permanent injunctions, orders to provide an accounting, disgorgement plus prejudgment interest, third tier civil penalties, and penny stock bars against each defendant.
SEC Complaint in this matter
http://sec.gov/litigation/complaints/2008/comp20681.pdf
DISTRICT OF ARIZONA (Phoenix Division)
CIVIL DOCKET FOR CASE #: 2:08-cv-01475-FJM
Securities and Exchange Commission v. Stocker et al
Assigned to: Judge Frederick J Martone
Cause: 15:77 Securities Fraud
Date Filed: 08/11/2008
Jury Demand: None
Nature of Suit: 850 Securities/Commodities
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Securities and Exchange Commission
represented by Leslie J Hughes
US Securities & Exchange Commission
1801 California St
Ste 1500
Denver , CO 80202
303-844-1086
Fax: 303-844-1068
Email: hugheslj@sec.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
David B Stocker
Defendant
Carrera Capital, Inc.
Date Filed # Docket Text
09/02/2008 5 WAIVER OF SERVICE Returned Executed by David B Stocker. David B Stocker waiver sent on 8/14/2008. (Hughes, Leslie) (Entered: 09/02/2008)
09/02/2008 4 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Carrera Capital, Inc. waiver sent on 8/14/2008. (Hughes, Leslie) (Entered: 09/02/2008)
08/12/2008 3 Summons Issued as to David B Stocker, and Carrera Capital, Inc. (Attachments: # 1 Summons Carrera Capital, Inc.)(HLA)*** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 08/12/2008)
08/12/2008 2 Notice re Magistrate Consent Form. (HLA) (Entered: 08/12/2008)
08/11/2008 This case has been assigned to the Honorable Frederick J. Martone. All future pleadings or documents should bear the correct case number: CIV-08-1475-PHX-FJM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (HLA) (Entered: 08/12/2008)
08/11/2008 1 COMPLAINT., filed by Securities and Exchange Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Hughes, Leslie) (Entered: 08/11/2008)
--------------
SEC v. David B. Stocker and Carrera Capital, Inc., Civil Action No. 2:08-CV-1475 (D. Arizona)
Litigation Release No. 20681 / August 12, 2008
SEC v. David B. Stocker and Carrera Capital, Inc., Civil Action No. 2:08-CV-1475 (D. Arizona)
On August 11, 2008, the United States Securities and Exchange Commission filed a civil complaint against David B. Stocker, a Phoenix, Arizona attorney, and his wholly-owned corporation, Carrera Capital, Inc. The Commission's complaint alleges that Stocker perpetrated multiple instances of corporate identity theft. Beginning in early 2006, Stocker allegedly found several companies whose stock had once traded in the public markets, but that had become defunct corporations and were no longer operating. When he found such a company, he allegedly incorporated a new company under the same name in the same State and, using his authority to act for the new company, purported to act on behalf of the old company. Specifically, Stocker allegedly caused stock in the old companies to be exchanged for stock in the new companies under the false pretense that the old company was undergoing a reverse stock split. Stocker then allegedly caused the new companies to issue large blocks of stock to Carrera Capital, Inc., or to other persons, such that he or the other persons typically held 99% of the stock in the new companies. Through this scheme, Stocker was allegedly able to gain control of public shells without having to pay for them or otherwise deal with their former control persons. The Commission alleges that Stocker profited from the scheme by selling the shells for cash payments.
Because an exchange of stock under false pretenses took place, fraud occurred in the offer or sale and in connection with the purchase or sale of a security. The Commission thus alleges that Stocker violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The issuance of stock in the new companies to the shareholders of the old companies also allegedly constituted an unregistered distribution of stock in violation of Sections 5(a) and (c) of the Securities Act of 1933, and the Commission charges the defendants with violating these provisions.
The Commission's complaint seeks permanent injunctions, orders to provide an accounting, disgorgement plus prejudgment interest, third tier civil penalties, and penny stock bars against each defendant.
SEC Complaint in this matter
http://sec.gov/litigation/complaints/2008/comp20681.pdf
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