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Saturday, September 08, 2012 11:16:56 PM
Alternafuels, Inc.
c/o Mr. John Stanton
President and Registered Agent
19337 U.S. Highway 19 N., Suite 525
Clearwater, FL 33764
By Express Mail:
Alternafuels, Inc.
2409 N. Falkenburg Road
Tampa, FL 33619
Alternafuels, Inc.
c/o Mr. John Stanton
President and Registered Agent
19337 U.S. Highway 19 N., Suite 525
Clearwater, FL 33764
http://www.sec.gov/litigation/admin/2011/34-64169.pdf
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934 Release No. 64169 / April 4, 2011
ADMINISTRATIVE PROCEEDING File No. 3-14315
In the Matter of
Centrack International, Inc.,
Alternafuels, Inc.,
Intelligent Medical Imaging, Inc., and
Optimark Data Systems, Inc.,
Respondents.
ORDER INSTITUTING ADMINISTRATIVE PROCEEDINGS AND NOTICE OF HEARING PURSUANT TO SECTION 12(j) OF THE SECURITIES EXCHANGE ACT OF 1934
I.
The Securities and Exchange Commission (“Commission”) deems it necessary and appropriate for the protection of investors that public administrative proceedings be, and hereby are, instituted pursuant to Section 12(j) of the Securities Exchange Act of 1934 (“Exchange Act”) against Respondents Centrack International, Inc., Alternafuels, Inc., Intelligent Medical Imaging, Inc., and Optimark Data Systems, Inc.
II.
After an investigation, the Division of Enforcement alleges that:
A. RESPONDENTS
1. Centrack International, Inc. (“CENK”) 1 (CIK No. 1094220) is a forfeited Delaware corporation located in Boca Raton, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). CENK is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-QSB for the period ended February 28, 2002, which reported a net loss of $659,959 for the prior nine months. As of March 30, 2011, the common stock of CENK was quoted on OTC Link, had five market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
1The short form of each issuer’s name is also its stock symbol.
2.
Alternafuels, Inc. (“ALTFD”) (CIK No. 826743) is a Florida corporation located in Tampa, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). ALTFD is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-KSB for the period ended December 31, 2003. As of March 30, 2011, the common stock of ALTFD was quoted on OTC Link (formerly "Pink Sheets") operated by OTC Markets Group Inc. ("OTC Link"), had seven market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c211(f)(3).
3.
Intelligent Medical Imaging, Inc. (“IMIIQ”) (CIK No. 930090) is a void Delaware corporation located in Palm Beach Gardens, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). IMIIQ is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-Q for the period ended September 30, 1999, which reported a net loss of $10,783,580 for the prior nine months. On November 29, 1999, IMIQ filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Southern District of Florida, which was terminated on August 18, 2005. As of March 30, 2011, the common stock of IMIIQ was quoted on OTC Link, had two market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
4.
Optimark Data Systems, Inc. (“OPMK”) (CIK No. 941904) is a British Columbia corporation located in Tampa, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). OPMK is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-QSB for the period ended August 31, 1999, which reported a net loss of $121,815 Canadian for the prior nine months. As of March 30, 2011, the common stock of OPMK was quoted on OTC Link, had five market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c211(f)(3).
B. DELINQUENT PERIODIC FILINGS
5.
As discussed in more detail above, all of the Respondents are delinquent in their periodic filings with the Commission, have repeatedly failed to meet their obligations to file timely periodic reports, and failed to heed delinquency letters sent to them by the Division of Corporation Finance requesting compliance with their periodic filing obligations or, through their failure to maintain a valid address on file with the Commission as required by Commission rules, did not receive such letters.
6.
Exchange Act Section 13(a) and the rules promulgated thereunder require issuers of securities registered pursuant to Exchange Act Section 12 to file with the Commission current and accurate information in periodic reports, even if the registration is voluntary under Section 12(g). Specifically, Rule 13a-1 requires issuers to file annual reports, and Rule 13a-13 requires issuers to file quarterly reports.
7.
As a result of the foregoing, Respondents failed to comply with Exchange Act Section 13(a) and Rules 13a-1 and 13a-13 thereunder.
2
III.
In view of the allegations made by the Division of Enforcement, the Commission deems it necessary and appropriate for the protection of investors that public administrative proceedings be instituted to determine:
A. Whether the allegations contained in Section II hereof are true and, in connection therewith, to afford the Respondents an opportunity to establish any defenses to such allegations; and,
B. Whether it is necessary and appropriate for the protection of investors to suspend for a period not exceeding twelve months, or revoke the registration of each class of securities registered pursuant to Section 12 of the Exchange Act of the Respondents identified in Section II hereof, and any successor under Exchange Act Rules 12b-2 or 12g-3, and any new corporate names of any Respondents.
IV.
IT IS HEREBY ORDERED that a public hearing for the purpose of taking evidence on the questions set forth in Section III hereof shall be convened at a time and place to be fixed, and before an Administrative Law Judge to be designated by further order as provided by Rule 110 of the Commission’s Rules of Practice [17 C.F.R. § 201.110].
IT IS HEREBY FURTHER ORDERED that Respondents shall file an Answer to the allegations contained in this Order within ten (10) days after service of this Order, as provided by Rule 220(b) of the Commission’s Rules of Practice [17 C.F.R. § 201.220(b)].
If Respondents fail to file the directed Answers, or fail to appear at a hearing after being duly notified, the Respondents, and any successor under Exchange Act Rules 12b-2 or 12g-3, and any new corporate names of any Respondents, may be deemed in default and the proceedings may be determined against it upon consideration of this Order, the allegations of which may be deemed to be true as provided by Rules 155(a), 220(f), 221(f), and 310 of the Commission’s Rules of Practice [17 C.F.R. §§ 201.155(a), 201.220(f), 201.221(f), and 201.310].
This Order shall be served forthwith upon Respondents personally or by certified, registered, or Express Mail, or by other means permitted by the Commission Rules of Practice.
IT IS FURTHER ORDERED that the Administrative Law Judge shall issue an initial decision no later than 120 days from the date of service of this Order, pursuant to Rule 360(a)(2) of the Commission’s Rules of Practice [17 C.F.R. § 201.360(a)(2)].
3
In the absence of an appropriate waiver, no officer or employee of the Commission engaged in the performance of investigative or prosecuting functions in this or any factually related proceeding will be permitted to participate or advise in the decision of this matter, except as witness or counsel in proceedings held pursuant to notice. Since this proceeding is not “rule making” within the meaning of Section 551 of the Administrative Procedure Act, it is not deemed subject to the provisions of Section 553 delaying the effective date of any final Commission action.
By the Commission.
Elizabeth M. Murphy Secretary
4
Service List
Rule 141 of the Commission’s Rules of Practice provides that the Secretary, or another duly authorized officer of the Commission, shall serve a copy of the Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934 (“Order”), on the Respondents and their legal agents.
The attached Order has been sent to the following parties and other persons entitled to notice: The Honorable Brenda P. Murray Chief Administrative Law Judge Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549-2557
David S. Frye, Esq.
Neil J. Welch, Jr., Esq.
Division of Enforcement
Securities and Exchange Commission
100 F Street, N.E.
Washington, DC 20549-6010
By Express Mail:
Centrack International, Inc.
1900 Corporate Boulevard, Suite 305W
Boca Raton, FL 33431
Centrack International, Inc.
c/o Mr. George E. Weast, Jr.
Registered Agent
6299 Pine Drive
Lantana, FL 33462
By Express Mail:
Alternafuels, Inc.
2409 N. Falkenburg Road
Tampa, FL 33619
Alternafuels, Inc.
c/o Mr. John Stanton
President and Registered Agent
19337 U.S. Highway 19 N., Suite 525
Clearwater, FL 33764
By Express Mail:
Intelligent Medical Imaging, Inc.
5
3960 RCA Boulevard, Suite 6001
Palm Beach Gardens, FL 33410
Intelligent Medical Imaging, Inc.
c/o Corporation Service Co.
Registered Agent
2711 Centerville Road, Suite 400
Wilmington, DE 19808
By Express Mail:
Optimark Data Systems, Inc.
6800 N. Dale Mabry Highway, Suite 100
Tampa, FL 33614
[The Division of Enforcement will also have a process server attempt personal service on all
respondents.]
6
c/o Mr. John Stanton
President and Registered Agent
19337 U.S. Highway 19 N., Suite 525
Clearwater, FL 33764
By Express Mail:
Alternafuels, Inc.
2409 N. Falkenburg Road
Tampa, FL 33619
Alternafuels, Inc.
c/o Mr. John Stanton
President and Registered Agent
19337 U.S. Highway 19 N., Suite 525
Clearwater, FL 33764
http://www.sec.gov/litigation/admin/2011/34-64169.pdf
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934 Release No. 64169 / April 4, 2011
ADMINISTRATIVE PROCEEDING File No. 3-14315
In the Matter of
Centrack International, Inc.,
Alternafuels, Inc.,
Intelligent Medical Imaging, Inc., and
Optimark Data Systems, Inc.,
Respondents.
ORDER INSTITUTING ADMINISTRATIVE PROCEEDINGS AND NOTICE OF HEARING PURSUANT TO SECTION 12(j) OF THE SECURITIES EXCHANGE ACT OF 1934
I.
The Securities and Exchange Commission (“Commission”) deems it necessary and appropriate for the protection of investors that public administrative proceedings be, and hereby are, instituted pursuant to Section 12(j) of the Securities Exchange Act of 1934 (“Exchange Act”) against Respondents Centrack International, Inc., Alternafuels, Inc., Intelligent Medical Imaging, Inc., and Optimark Data Systems, Inc.
II.
After an investigation, the Division of Enforcement alleges that:
A. RESPONDENTS
1. Centrack International, Inc. (“CENK”) 1 (CIK No. 1094220) is a forfeited Delaware corporation located in Boca Raton, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). CENK is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-QSB for the period ended February 28, 2002, which reported a net loss of $659,959 for the prior nine months. As of March 30, 2011, the common stock of CENK was quoted on OTC Link, had five market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
1The short form of each issuer’s name is also its stock symbol.
2.
Alternafuels, Inc. (“ALTFD”) (CIK No. 826743) is a Florida corporation located in Tampa, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). ALTFD is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-KSB for the period ended December 31, 2003. As of March 30, 2011, the common stock of ALTFD was quoted on OTC Link (formerly "Pink Sheets") operated by OTC Markets Group Inc. ("OTC Link"), had seven market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c211(f)(3).
3.
Intelligent Medical Imaging, Inc. (“IMIIQ”) (CIK No. 930090) is a void Delaware corporation located in Palm Beach Gardens, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). IMIIQ is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-Q for the period ended September 30, 1999, which reported a net loss of $10,783,580 for the prior nine months. On November 29, 1999, IMIQ filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Southern District of Florida, which was terminated on August 18, 2005. As of March 30, 2011, the common stock of IMIIQ was quoted on OTC Link, had two market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
4.
Optimark Data Systems, Inc. (“OPMK”) (CIK No. 941904) is a British Columbia corporation located in Tampa, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). OPMK is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-QSB for the period ended August 31, 1999, which reported a net loss of $121,815 Canadian for the prior nine months. As of March 30, 2011, the common stock of OPMK was quoted on OTC Link, had five market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c211(f)(3).
B. DELINQUENT PERIODIC FILINGS
5.
As discussed in more detail above, all of the Respondents are delinquent in their periodic filings with the Commission, have repeatedly failed to meet their obligations to file timely periodic reports, and failed to heed delinquency letters sent to them by the Division of Corporation Finance requesting compliance with their periodic filing obligations or, through their failure to maintain a valid address on file with the Commission as required by Commission rules, did not receive such letters.
6.
Exchange Act Section 13(a) and the rules promulgated thereunder require issuers of securities registered pursuant to Exchange Act Section 12 to file with the Commission current and accurate information in periodic reports, even if the registration is voluntary under Section 12(g). Specifically, Rule 13a-1 requires issuers to file annual reports, and Rule 13a-13 requires issuers to file quarterly reports.
7.
As a result of the foregoing, Respondents failed to comply with Exchange Act Section 13(a) and Rules 13a-1 and 13a-13 thereunder.
2
III.
In view of the allegations made by the Division of Enforcement, the Commission deems it necessary and appropriate for the protection of investors that public administrative proceedings be instituted to determine:
A. Whether the allegations contained in Section II hereof are true and, in connection therewith, to afford the Respondents an opportunity to establish any defenses to such allegations; and,
B. Whether it is necessary and appropriate for the protection of investors to suspend for a period not exceeding twelve months, or revoke the registration of each class of securities registered pursuant to Section 12 of the Exchange Act of the Respondents identified in Section II hereof, and any successor under Exchange Act Rules 12b-2 or 12g-3, and any new corporate names of any Respondents.
IV.
IT IS HEREBY ORDERED that a public hearing for the purpose of taking evidence on the questions set forth in Section III hereof shall be convened at a time and place to be fixed, and before an Administrative Law Judge to be designated by further order as provided by Rule 110 of the Commission’s Rules of Practice [17 C.F.R. § 201.110].
IT IS HEREBY FURTHER ORDERED that Respondents shall file an Answer to the allegations contained in this Order within ten (10) days after service of this Order, as provided by Rule 220(b) of the Commission’s Rules of Practice [17 C.F.R. § 201.220(b)].
If Respondents fail to file the directed Answers, or fail to appear at a hearing after being duly notified, the Respondents, and any successor under Exchange Act Rules 12b-2 or 12g-3, and any new corporate names of any Respondents, may be deemed in default and the proceedings may be determined against it upon consideration of this Order, the allegations of which may be deemed to be true as provided by Rules 155(a), 220(f), 221(f), and 310 of the Commission’s Rules of Practice [17 C.F.R. §§ 201.155(a), 201.220(f), 201.221(f), and 201.310].
This Order shall be served forthwith upon Respondents personally or by certified, registered, or Express Mail, or by other means permitted by the Commission Rules of Practice.
IT IS FURTHER ORDERED that the Administrative Law Judge shall issue an initial decision no later than 120 days from the date of service of this Order, pursuant to Rule 360(a)(2) of the Commission’s Rules of Practice [17 C.F.R. § 201.360(a)(2)].
3
In the absence of an appropriate waiver, no officer or employee of the Commission engaged in the performance of investigative or prosecuting functions in this or any factually related proceeding will be permitted to participate or advise in the decision of this matter, except as witness or counsel in proceedings held pursuant to notice. Since this proceeding is not “rule making” within the meaning of Section 551 of the Administrative Procedure Act, it is not deemed subject to the provisions of Section 553 delaying the effective date of any final Commission action.
By the Commission.
Elizabeth M. Murphy Secretary
4
Service List
Rule 141 of the Commission’s Rules of Practice provides that the Secretary, or another duly authorized officer of the Commission, shall serve a copy of the Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934 (“Order”), on the Respondents and their legal agents.
The attached Order has been sent to the following parties and other persons entitled to notice: The Honorable Brenda P. Murray Chief Administrative Law Judge Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549-2557
David S. Frye, Esq.
Neil J. Welch, Jr., Esq.
Division of Enforcement
Securities and Exchange Commission
100 F Street, N.E.
Washington, DC 20549-6010
By Express Mail:
Centrack International, Inc.
1900 Corporate Boulevard, Suite 305W
Boca Raton, FL 33431
Centrack International, Inc.
c/o Mr. George E. Weast, Jr.
Registered Agent
6299 Pine Drive
Lantana, FL 33462
By Express Mail:
Alternafuels, Inc.
2409 N. Falkenburg Road
Tampa, FL 33619
Alternafuels, Inc.
c/o Mr. John Stanton
President and Registered Agent
19337 U.S. Highway 19 N., Suite 525
Clearwater, FL 33764
By Express Mail:
Intelligent Medical Imaging, Inc.
5
3960 RCA Boulevard, Suite 6001
Palm Beach Gardens, FL 33410
Intelligent Medical Imaging, Inc.
c/o Corporation Service Co.
Registered Agent
2711 Centerville Road, Suite 400
Wilmington, DE 19808
By Express Mail:
Optimark Data Systems, Inc.
6800 N. Dale Mabry Highway, Suite 100
Tampa, FL 33614
[The Division of Enforcement will also have a process server attempt personal service on all
respondents.]
6
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