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the_worm06

01/24/09 8:34 PM

#999 RE: scion #998

yep, same David Stocker, the LBWR Securities Attorney for 2005 until the middle of 2007



Usually, companies that want to sell stock to the public must register with the SEC and disclose financial information. But the Fishers used a legal shortcut that allows a company to make a limited offering to certain investors.

Those shares usually are labeled "restricted," meaning they cannot be immediately resold to the public and have to be held as a long-term investment. But Arizona securities lawyer David Stocker drafted a legal opinion that asserted the stock wasn't restricted, giving the investment firms millions of free-trading shares.

The SEC says that legal opinion was false and a scheme to get around securities laws.
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scion

01/24/09 8:37 PM

#1000 RE: scion #998

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


http://www.sec.gov/litigation/litreleases/2008/lr20681.htm
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scion

01/25/09 2:48 PM

#1019 RE: scion #998

3:07-cv-01643-D Securities and Exchange Commission v. Offill et al

Sidney A Fitzwater, presiding
Date filed: 09/26/2007
Date of last filing: 12/22/2008

Case SummaryOffice: Dallas
Filed: 09/26/2007
Jury Demand: Defendant
Demand:
Nature of Suit: 850
Cause: 15:77 Securities Fraud
Jurisdiction: U.S. Government Plaintiff
Disposition:
County: Dallas
Terminated:
Origin: 1
Reopened:

Lead Case: None
Related Case: None
Other Court Case: None
Def Custody Status:
Flags: ECF, JURY, SANDERSON

Plaintiff: Securities and Exchange Commission
represented by Leslie J Hughes
Phone: 303/844-1000
Fax: 303/844-1068
Email: hugheslj@sec.gov

Plaintiff: Securities and Exchange Commission
represented by Elizabeth E Krupa
Phone: 303/844-1036
Fax: 303/844-1068 FAX
Email: krupae@sec.gov

Defendant: Phillip W Offill, Jr
Defendant: David B Stocker
represented by Donald J Christie
Phone: 702/932-1672
Fax: 702/973-8207
Email: donchristie@christielaw.org

Defendant: David B Stocker
represented by Irving M Einhorn
Phone: 310/798-7216
Fax: 310/798-5910

Defendant: Curtis-Case Inc
represented by Donald J Christie
Phone: 702/932-1672
Fax: 702/973-8207
Email: donchristie@christielaw.org

Defendant: Curtis-Case Inc
represented by Irving M Einhorn
Phone: 310/798-7216
Fax: 310/798-5910

Defendant: Shane A Mullholand
represented by Randall J Shafer
Phone: 214/265-9668
Fax: 214/265-8870
Email: randyshafer@rshaferlaw.com

Defendant: Ryan M Reynolds
represented by David A Carp
Phone: 713/781-7500
Fax: 713/781-4797
Email: dcarp@hcmlegal.com

Defendant: Timothy T Page
represented by John Courtade
Phone: 512/502-1135
Fax: 512/502-1138
Email: johncourtade@johncourtade.com

Defendant: Steven P Fischer
represented by J Randle Henderson
Phone: 713/870-8358
Fax: 281/856-2030
Email: hendersonrandy@hotmail.com

Defendant: RSMR Capital Group Inc
represented by David A Carp
Phone: 713/781-7500
Fax: 713/781-4797
Email: dcarp@hcmlegal.com

Defendant: Dissemination Services LLC
represented by Randall J Shafer
Phone: 214/265-9668
Fax: 214/265-8870
Email: randyshafer@rshaferlaw.com

Defendant: Page Properties LP
Defendant: ATN Enterprises LLC
represented by J Randle Henderson
Phone: 713/870-8358
Fax: 281/856-2030
Email: hendersonrandy@hotmail.com

Defendant: Timothy B Barham
represented by J Randle Henderson
Phone: 713/870-8358
Fax: 281/856-2030
Email: hendersonrandy@hotmail.com

Defendant: Ballad Enterprises Inc
represented by J Randle Henderson
Phone: 713/870-8358
Fax: 281/856-2030
Email: hendersonrandy@hotmail.com

Defendant: Bellatalia LP
represented by David A Carp
Phone: 713/781-7500
Fax: 713/781-4797
Email: dcarp@hcmlegal.com

Intervenor: United States of America
represented by Matthew Klecka
Phone: 202/307-1309
Fax: 202/514-0152

Intervenor: United States of America
represented by Edmund P Power
Phone: 703/299-3700
Fax: 703/842-4035

Intervenor: United States of America
represented by Patrick Friel Stokes
Phone: 202/305-4232
Fax: 202/514-6118
Email: patrick.stokes2@usdoj.gov