Monday, December 17, 2012 2:54:39 PM
"IF this news holds, showing SEC investigation of Amyot"
Here's an extract from the full complaint, showing the MO of Amyot with scams like WDRP. Only the timely intervention of the AMF prevented the same false news-driven pump and dump with WDRP:
"PRELIMINARY STATEMENT
1. This enforcement action concerns a "pump-and-dump" scheme whereby defendants artificially "pumped" up the price of a publicly-traded company through the dissemination of false positive information about the company, after which they "dumped" the stock into the marketplace to take advantage of the artificially high stock price. The scheme in
this case involved Spencer, a purported pharmaceutical company with addresses in Boston, Massachusetts, and in Canada. The scheme was orchestrated by Amyot, who was an officer of
Case 1:12-cv-12334 Document 1 Filed 12/17/12 Page 2 of 41
Spencer until November 2009 and then continued to exercise control over the affairs of the company. Amyot was assisted by Arella and Morrice, who became officers and directors of
Spencer in November 2009, and together they effected the "pump" of Spencer's stock price by disseminating false information about Spencer through two public relations companies that
Amyot controlled (lAB Media and Hilbroy).
2. The "pump-and-dump" started in June 2010 and accelerated in November 2010, when Spencer began issuing a string of false and misleading press releases claiming that it had
received an unsolicited buyout offer from a Mideast company. Arella and Morrice worked with Amyot to create and disseminate the misleading press releases. While Spencer was issuing the
press releases, Amyot, Arella, Morrice, lAB Media, and Hilbroy were conducting a promotional campaign using internet websites and newsletters to tout Spencer and the buyout offer. When
Spencer announced on November 11, 2010 that the Mideast company proposed to pay $0.97 per share- or $245 million- for the company, the price of Spencer stock more than doubled in two
days - opening at $0.25 per share on November 1 0 and closing at $0.60 per share on November 12. The daily trading volume skyrocketed as well, reaching almost six million shares
traded on November 11, 2010, compared to a daily average ofless than 50,000 shares during the previous three months.
3. The proposed buyout offer was pure fiction, but Amyot's profits from dumping Spencer stock were very real. Between November I, 2010 and April 18, 2011, Amyot sold
approximately 36 million Spencer shares for gross proceeds of more than $5.8 million. Amyot and Arella also orchestrated the deposit of 12 million Spencer shares into an account controlled
by Amyot through a series of transfers done to evade restrictions and securities registration requirements.
4. Through the activities alleged in this Complaint, (1) all the defendants engaged in:
(a) fraud in the offer or sale of securities, in violation of Section 17(a)(l) and (3) of the Securities
Act of 1933 ("Securities Act"), and (b) fraudulent or deceptive conduct in connection with the purchase or sale of securities, in violation of Section lO(b) of the Securities Exchange Act of
1934 ("Exchange Act") and Rules 10b-5(a) and (c) thereunder; (2) Spencer, Amyot, Arella and Morrice engaged in: (a) fraud in the offer or sale of securities, in violation of Section 17(a)(2) of
the Securities Act, and (b) fraudulent or deceptive conduct in connection with the purchase or sale of securities, in violation of Section lO(b) of the Exchange Act and Rule 10b-5(b)
thereunder; (3) Arella, Morrice, lAB Media, and Hilbroy aided and abetted Spencer's violations of Section 17(a) of the Securities Act, Section IO(b) of the Exchange Act, and Rule IOb-5;
(4) Amyot had control person liability for Spencer's violations of Section IO(b) of the Exchange Act, and Rule IOb-5; and (5) Spencer, Amyot, and Arella engaged in the sale of unregistered
securities in violation of Sections 5(a) and 5(c) of the Securities Act..........."
And here's the full complaint:
http://www.sec.gov/litigation/complaints/2012/comp22574.pdf
Here's an extract from the full complaint, showing the MO of Amyot with scams like WDRP. Only the timely intervention of the AMF prevented the same false news-driven pump and dump with WDRP:
"PRELIMINARY STATEMENT
1. This enforcement action concerns a "pump-and-dump" scheme whereby defendants artificially "pumped" up the price of a publicly-traded company through the dissemination of false positive information about the company, after which they "dumped" the stock into the marketplace to take advantage of the artificially high stock price. The scheme in
this case involved Spencer, a purported pharmaceutical company with addresses in Boston, Massachusetts, and in Canada. The scheme was orchestrated by Amyot, who was an officer of
Case 1:12-cv-12334 Document 1 Filed 12/17/12 Page 2 of 41
Spencer until November 2009 and then continued to exercise control over the affairs of the company. Amyot was assisted by Arella and Morrice, who became officers and directors of
Spencer in November 2009, and together they effected the "pump" of Spencer's stock price by disseminating false information about Spencer through two public relations companies that
Amyot controlled (lAB Media and Hilbroy).
2. The "pump-and-dump" started in June 2010 and accelerated in November 2010, when Spencer began issuing a string of false and misleading press releases claiming that it had
received an unsolicited buyout offer from a Mideast company. Arella and Morrice worked with Amyot to create and disseminate the misleading press releases. While Spencer was issuing the
press releases, Amyot, Arella, Morrice, lAB Media, and Hilbroy were conducting a promotional campaign using internet websites and newsletters to tout Spencer and the buyout offer. When
Spencer announced on November 11, 2010 that the Mideast company proposed to pay $0.97 per share- or $245 million- for the company, the price of Spencer stock more than doubled in two
days - opening at $0.25 per share on November 1 0 and closing at $0.60 per share on November 12. The daily trading volume skyrocketed as well, reaching almost six million shares
traded on November 11, 2010, compared to a daily average ofless than 50,000 shares during the previous three months.
3. The proposed buyout offer was pure fiction, but Amyot's profits from dumping Spencer stock were very real. Between November I, 2010 and April 18, 2011, Amyot sold
approximately 36 million Spencer shares for gross proceeds of more than $5.8 million. Amyot and Arella also orchestrated the deposit of 12 million Spencer shares into an account controlled
by Amyot through a series of transfers done to evade restrictions and securities registration requirements.
4. Through the activities alleged in this Complaint, (1) all the defendants engaged in:
(a) fraud in the offer or sale of securities, in violation of Section 17(a)(l) and (3) of the Securities
Act of 1933 ("Securities Act"), and (b) fraudulent or deceptive conduct in connection with the purchase or sale of securities, in violation of Section lO(b) of the Securities Exchange Act of
1934 ("Exchange Act") and Rules 10b-5(a) and (c) thereunder; (2) Spencer, Amyot, Arella and Morrice engaged in: (a) fraud in the offer or sale of securities, in violation of Section 17(a)(2) of
the Securities Act, and (b) fraudulent or deceptive conduct in connection with the purchase or sale of securities, in violation of Section lO(b) of the Exchange Act and Rule 10b-5(b)
thereunder; (3) Arella, Morrice, lAB Media, and Hilbroy aided and abetted Spencer's violations of Section 17(a) of the Securities Act, Section IO(b) of the Exchange Act, and Rule IOb-5;
(4) Amyot had control person liability for Spencer's violations of Section IO(b) of the Exchange Act, and Rule IOb-5; and (5) Spencer, Amyot, and Arella engaged in the sale of unregistered
securities in violation of Sections 5(a) and 5(c) of the Securities Act..........."
And here's the full complaint:
http://www.sec.gov/litigation/complaints/2012/comp22574.pdf
"It is difficult to get a man to understand something, when his salary depends upon his not understanding it."
Upton Sinclair
"Nobody ever went broke underestimating the intelligence of the American public."
H. L. Mencken
