On or about May 30, 2012 the U.S. Securities and Exchange Commission (“Commission”) filed a complaint against Unico, Incorporated (“Unico”) and Mark A. Lopez (“Lopez”) naming both (along with five other individuals/organizations) as defendants in a civil case (case no. 8:12-CV-1210T35MAP filed in the U.S. District Court, Middle District of Florida, Tampa Division). Among other things, the Commission alleges that: (a) Unico and certain defendants violated Sections 5(a) and 5(c) of the Securities Act of 1933 through an allegedly illegal unregistered distribution of Unico common stock through certain settlements under Section 3(a)(10) of the Securities Act of 1933 during the time period from February 2006 through January 2008; (b) Unico violated Exchange Act of 1934 Section 13(a) and Exchange Act Rules 12b-20, 13a-1 and 13a-11 for failing to file factually accurate and complete periodic reports with the Commission concerning the Section 3(a)(10) settlements in a timely manner; and (c) Lopez aided and abetted violations of Exchange Act of 1934 Section 13(a) and Exchange Act Rules 12b-20, 13a-1 and 13a-11 by knowingly and substantially assisting Unico’s alleged failure to file factually accurate and complete periodic reports with the Commission concerning the Section 3(a)(10) settlements in a timely manner.
