"ATG, Stelmak and Raskas have now reached an agreement in principle with the Commission to settle the action in its entirety. Such settlement (the "Settlement") has been approved by the ATG Board of Directors and the individual defendants, and the parties are waiting for final approval from the Commission. Under the proposed Settlement, defendants consent to judgment in the total amount of $19,186,536.32, with such funds being distributed to investors who participated in the unregistered offerings at issue. ATG and Stelmak consent to judgment against them in the full amount of $19,186,536.32, and have agreed to certain prohibitions, including for Stelmak and ATG, a permanent injunction against future violations of Section 5(a) and 5(c) of the Securities Act, and for Stelmak a five year ban from participating in any offering of penny stock. Stelmak and ATG also have accepted civil penalties of $6,500 and $65,000, respectively. Raskas, for his part, consents to judgment of $4,749,948.03 of the total $19,186,536.32 judgment at issue. As no penalties or restrictions were sought against Raskas, none are contained in his proposed judgment.
The Commission has agreed that all settlement funds (except the civil penalty for Stelmak) will be paid by ATG, with Raskas (only to the limited extent of his liability) and Stelmak responsible for any shortfall. ATG has requested that the plan of distribution for the funds provide that any current or former shareholders in ATG claiming any portion of that fund will surrender the shares owned by that shareholder to ATG, and that ATG will retire those
20 <PAGE> shares. The Settlement still requires final approval by the Commission, and will then require court approval before becoming final."
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