posted
from PACER [SEC v. Mario A. Pino, Civil Action No. 08-CV-353 (MHM), U.S. District Court for the District of Arizona] (LR-20466).
2:08-cv-00353-MHM Securities and Exchange Commission v. Pino Mary H Murguia, presiding Date filed: 02/25/2008 Date of last filing: 02/25/2008
Case Summary Office: Phoenix Division Filed: 02/25/2008 Jury Demand: None Demand: Nature of Suit: 850 Cause: 15:78m(a) Securities Exchange Act Jurisdiction: U.S. Government Plaintiff Disposition: County: Maricopa Terminated: Origin: 1 Reopened:
Lead Case: None Related Case: None Other Court Case: None Def Custody Status: Flag: STD
Plaintiff: Securities and Exchange Commission represented by Nancy J Gegenheimer Phone: 303-844-1050 Fax: 303-844-1068 Email: gegenheimern*sec.gov
Defendant: Mario A Pino
Nancy J. Gegenheimer U.S. Securities and Exchange Commission Denver Regional Office 1801 California St., Suite 1500 Denver, CO 80202 GegenheimerN*sec.gov Telephone: 303-844-1050 Facsimile: 303-844-1068 Attorney for Plaintiff Securities and Exchange Commission IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Securities and Exchange Commission, Plaintiff, vs. Mario A. Pino, Defendant. ) ) No. ) ) ) ) Complaint ) ) ) ) Plaintiff Securities and Exchange Commission (ASEC*) alleges as follows: I. Summary 1. Beginning in early 2005, defendant, Mario A. Pino (APino*) usurped the Acorporate identity* of Bancorp International Group, Inc. (ABCIT*). At the time, BCIT was an over-the-counter pink sheet company that traded as a shell and was deficient in its filings with the SEC. Pino fabricated false share certificates of BCIT, issued and disseminated these shares and traded in these BCIT shares while knowing these actions were fraudulent. To facilitate a market for the fraudulent shares, Pino also issued multiple false press releases about BCIT between May 2 and July 13, 2005, and issued millions of shares of fraudulent BCIT stock to himself and others. Pino sold his stock in unregistered, nonexempt transactions into the resulting inflated market. Pino sold 145,000,000 shares, earning profits of $269,033. 2. As a result of this conduct, Pino, directly and indirectly, has engaged in and unless restrained and enjoined by this Court will in the future engage in, transactions, acts, practices and courses of business that violate Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 (“Securities Act”) [15 U.S.C. §§ 77e(a), 77e(c), and 77q] and Section 10(b) of the Securities Exchange Act of 1934 as amended (“Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5]. 3. The SEC brings this action pursuant to the authority conferred upon it by Section 20(b) of the Securities Act [15 U.S.C. § 77t(b)] and Section 21(d) of the Exchange Act [15 U.S.C. § 78u(d)], seeking a permanent injunction restraining and enjoining Pino from all the alleged violations, requiring him to disgorge ill-gotten gains, including prejudgment and post-judgment interest, and granting other equitable relief. 4. The SEC seeks an order requiring Pino to pay civil penalties pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.SC. § 78u(d)(3)]. 5. The SEC seeks an order barring Pino from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act or that is required to file reports pursuant to Section 15(d) of the Exchange Act, pursuant to Section 20(e) of the Securities Act [15 U.S.C. § 77t(e)] and Section 21(d)(2) of the Exchange Act [15 U.S.C. § 78u(d)(2)] and pursuant to the equitable powers of the court.
6. The SEC seeks an order barring Pino from participating in the offering of any penny stock pursuant to Section 20(g) of the Securities Act [15 U.S.C. § 77t(g)] and Section 21(d)(6) of the Exchange Act [15 U.S.C. § 78u(d)(6)]. II. Jurisdiction and Venue 7. This Court has jurisdiction over this action pursuant to Section 22(a) of the Securities Act [15 U.S.C. § 77v(a)] and Section 27 of the Exchange Act [15 U.S.C. § 78aa]. 8. Venue is proper in this district pursuant to Section 22(a) of the Securities Act [15 U.S.C. § 77v(a)] and Section 27 of the Exchange Act [15 U.S.C. § 78aa]. Pino resides in this judicial district and certain of the transactions, acts, practices and courses of business constituting the violations of law alleged herein occurred within this district. III. Defendant 9. Pino, is a resident of Paradise Valley, Arizona, and was the president, chief executive officer, and a director of Mellon Research, Inc., a publicly traded pink sheet company, from November 2003 until July 2005, when he resigned all three positions. Pino was also the owner of Wall Street Group and Wall Street Securities Inc. IV. Related Parties 10. BCIT is a Nevada shell corporation based in London, England. 11. BCIT’s common stock is registered with the SEC under Section 12(g) of the Exchange Act and quoted on the Pink Sheets. BCIT’s stock is a penny stock. 12. The SEC suspended trading in the securities of BCIT in August 2005, due to questions regarding the authenticity of securities and the accuracy of statements in press releases
13. Carter Care Inc. (“Carter Care”) is a privately held nursing care business located in California. V. FACTS A. False Statements and Fraudulent Stock Sales in Connection with Carter Care 14. In February 2005, Pino devised a fraudulent scheme to assume the identity of BCIT and to profit from the sale of BCIT stock. Pino began his BCIT caper with the knowledge that BCIT’s SEC filings had been delinquent since November 2000, and that there was no trading in BCIT’s common stock. 15. Between February and April 2005, Pino convinced the president of Carter Care, to take Carter Care public through a purported reverse merger with BCIT. 16. Pino fraudulently represented to Carter Care that he owned or controlled BCIT and that he could enter into a reverse merger with BCIT and thereby take Carter Care public. 17. On or about February 9, 2005, Pino drafted a Stock Purchase Agreement under which BCIT would purchase Carter Care in exchange for 20,000,000 shares of BCIT stock, which Pino stated, represented approximately 60% of the issued and outstanding stock of BCIT. Pino knew at the time that he had not seen any corporate documents that verified the number of current outstanding shares of BCIT. In reality, the issued shares of BCIT did not exceed 4,890,000 and bore the legend March Indy Corporation. 18. Pino arranged to have blank BCIT stock certificates printed, bearing the same CUSIP number as the legitimate BCIT. 19. Pino directed his associate to prepare and fax false documents to the Nevada Secretary of State that purported to change BCIT’s registered agent and corporate officers.
This filing with Nevada essentially hijacked BCIT and designated Pino’s nominee as the sole officer and director of the corporation. 20. Pino directed his associate to follow up by sending a letter to BCIT’s transfer agent authorizing his associate to gather and receive all information held by the transfer agent relating to BCIT. 21. At the end of April 2005, Pino issued or caused to be issued, 41 certificates in connection with the Carter Care bogus transaction. The certificates represented over 249 million shares, including over 20 million shares issued to Pino. 22. On May 2, 2005, Pino issued a press release falsely announcing that BCIT and Carter Care had engaged in a reverse merger. By May 3, BCIT’s stock price had jumped to $0.08 per share. Prior to April 29, 2005, there had been no market for trading in BCIT’s stock. 23. In early May, 2005, Pino was contacted by the president of the legitimate BCIT, Thomas Megas. BCIT’s president told Pino that the Carter Care transaction was not authorized. Notwithstanding that Pino knew that BCIT’s president did not authorize any of the actions Pino was taking, Pino sold shares. 24. Thereafter, on May 12, 2005 Pino sent out a press release stating that the reverse merger was cancelled after due diligence. This press release was materially false and misleading because it did not disclose that BCIT never had been negotiating with Carter Care and the transaction never had been authorized in the first place, but instead stated that the transaction had been cancelled. 25. Notwithstanding full knowledge that the Carter Care transaction was not authorized, Pino sold his 20,005,000 million shares into the inflated market between April 29 and May 15, 2005, and reaped gains of $108,120.
26. No registration statements were filed in connection with the issuance or sale of these BCIT stock certificates. B. Continued False Statements and Fraudulent Stock Sales in Connection with the Business of BCIT 27. Notwithstanding the Carter Care debacle, Pino continued undeterred. Pino told the president of BCIT that he would make restitution and pay damages for his attempt to hijack BCIT. Unbeknownst to BCIT’s president, Pino’s plan was to generate money from the continued sale of unregistered shares of his hijacked BCIT, and use the proceeds to pay the legitimate BCIT. Pino continued to issue false press releases and disseminate false information about BCIT, which continued to facilitate a market in the shares. Pino continued to trade fraudulent BCIT securities. 28. On May 25, 2005, Pino ordered, or caused to be printed new BCIT stock certificates, again bearing the same CUSIP number as the real BCIT. Pino did this without permission or direction from BCIT’s president, the only person with authority to print new stock certificates. Pino paid the printing cost for these certificates and received them on or about May 26, 2005. 29. From at least May 26 through July 13, 2005, Pino engaged in an information campaign to condition the market for his stock sales. Pino issued false press releases in this time period, to wit: a. On May 31, 2005, Pino issued a press release announcing that BCIT “is currently negotiating with an exciting business it hopes to acquire.” The statement was materially false and misleading.
b. On May 31, 2005, Pino issued a press release announcing that “BCIT is to close on a monumental deal with keen competition from competitors.” These statements were materially false and misleading. c. On June 2, 2005, Pino issued a press release announcing that “BCIT is presently involved in an active negotiation to acquire gold deposit rights with an approximate value of one billion (USD).” These statements were materially false and misleading. d. On June 13, 2005, Pino issued a press release announcing that “BCIT has entered into an exclusive agreement with CVG (Corporacion Venezuela de Guayana) of the Venezuelan Government to commercially develop gold deposits at a site in the State of Bolivar. This agreement is for concessions No. 32. There has already been infrared testing done on the property and Bancorp will be sending down a team of geologists for additional testing.” These statements were materially false and misleading. At the time Pino issued this press release, BCIT did not have any employees, let alone geologists and had no agreement to develop gold deposits in Venezuela. e. On July 11, 2005, Pino issued a press release announcing that “BCIT is a high growth, diversified mining company that is presently operating in multiple regions in Venezuela.” This statement was materially false and misleading; BCIT had no operations whatsoever, including no operations in Venezuela. 30. During this time BCIT’s president emailed Pino reiterating that Pino had no authority to act for BCIT and that only he, Thomas Megas, had authority to act for BCIT.
He directed Pino not to issue any releases or other documents without specific authorization from BCIT’s president. 31. Pino continued undeterred and issued press releases and distributed false information about BCIT, including those described above, and others. 32. Pino also orchestrated a fax blasting operation touting mining contracts, and email spam campaign announcing the status of BCIT’s mining operations. 33. In addition, Pino directed the creation of a purported BCIT website, bancorpinc.com/newsite, that falsely described BCIT as a multinational mining company that mined precious metals and diamonds. 34. During this time period, Pino issued new BCIT certificates to himself and to promoters to, in his words, “get the market moving,” because “we needed liquidity and the dollar volume of the stock to be higher.” In all, Pino issued over 238 million shares of these new BCIT stock certificates bearing forged signatures of BCIT’s president and former secretary. 35. No registration statements were filed with respect to these stock issuances. 36. Pino’s false press releases and trading activities facilitated a market for the fraudulently issued BCIT certificates. Pino sold 125,000,000 shares in open market transactions between June 2 and July 21, 2005, earning profits of $160,913. 37. All of the information Pino disseminated about BCIT was false. BCIT never entered into any mining contracts and never was in the mining business. On August 1, 2005, BCIT’s president issued a press release on behalf of BCIT, which stated that BCIT had never issued any shares bearing the legend Bancorp International Group, Inc.; BCIT had never entered into a reverse merger with Carter Care; BCIT had never been in
negotiations with Carter Care; BCIT did not sign or enter into any agreements relating to any gold or diamond mining venture and never made any announcements to that effect. 38. Pino’s actions involved fraud and resulted in substantial losses or created a risk of substantial losses to other persons. VI. Claims for Relief First Claim for Relief (Violation of Sections 5(a) and (c) of the Securities Act) [15 U.S.C. § 77e(a) and (c)] 39. Paragraphs 1 through 38 are hereby re-alleged and incorporated by reference. 40. Pino, directly or indirectly (a) made use of any means or instruments of transportation or communication in interstate commerce or of the mails to sell securities as to which no registration statement was in effect through the use or medium of any prospectus or otherwise; (b) carried or caused to be carried through the mails or in interstate commerce, by any means or instruments of transportation, securities as to which no registration statement was in effect for the purpose of sale or for delivery after sale; or (c) made use of any means or instruments of transportation or communication in interstate commerce or of the mails to offer to sell or offer to buy through the use of medium of any prospectus or otherwise securities as to which no registration statement was in effect, or while the registration statement was the subject of a refusal order or stop order or (prior to the effective date of the registration statement) and public proceeding of examination under Section 8 of the Securities Act [15 U.S.C. § 77h]. 41. By reason of the foregoing, Pino violated, and unless restrained and enjoined, will violate Section 5(a) and (c) of the Securities Act.
Second Claim for Relief (Violation of Section 17(a) of the Securities Act) [15 U.S.C. § 77q(a)] 42. Paragraphs 1 through 38 are hereby re-alleged and incorporated by reference. 43. Pino, directly or indirectly, in the offer or sale of BCIT securities, by use of any means or instruments of transportation or communication in interstate commerce or of the mails, while acting with scienter (a) employed a devise, scheme, or artifice to defraud, (b) obtained money or property by means of untrue statements of material fact or omissions to state material facts necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or (c) engaged in transactions, practices, or courses of business which operated or would operate as a fraud or deceit upon the purchasers of BCIT securities. 44. By reason of the foregoing, Pino violated, and unless restrained and enjoined, will violate Section 17(a) of the Securities Act. Third Claim for Relief (Violation of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder) [15 U.S.C. § 78j(b) and 17 C.F.R. § 240.10b-5] 45. Paragraphs 1 through 38 are hereby re-alleged and incorporated by reference. 46. Pino, directly or indirectly, with scienter, in connection with the purchase or sale of BCIT securities, by use of any means or instrumentalities of interstate commerce or by use of the mails, employed a device, scheme, or artifice to defraud; made an untrue statement of material fact or omitted to state a material fact necessary in order to make the
statements made, in light of the circumstances under which they were made, not misleading; or engaged in an act, practice, or course of business which operated or would operate as a fraud or deceit upon the purchasers or sellers of such securities. 47. By reason of the foregoing, the Pino violated, and unless restrained and enjoined, will violate Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. VII. Prayer for Relief Wherefore, the SEC respectfully requests that the Court: A. Find that Pino committed the violations alleged. B. Enter a permanent injunction, in a form consistent with Rule 65(d) of the Federal Rules of Civil Procedure, enjoining Pino from violating, directly or indirectly, each of the provisions of law and rules alleged in this Complaint. C. Order that Pino be ordered to disgorge all ill-gotten gains together with pre-judgment and post-judgment interest, resulting from the violations alleged herein. D. Order Pino to pay civil penalties pursuant to Section 20(d) of the Securities Act and Section 21(d)(3) of the Exchange Act in an amount to be determined by the Court. E.
Order that Pino be barred from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act or that is required to file reports pursuant to Section 15(d) of the Exchange Act, pursuant to Section 20(e) of the Securities Act and Section 21(d)(2) of the Exchange Act and the Court’s equitable powers. F. Order that Pino be barred from participating in an offering of penny stock pursuant to Section 20(g) of the Securities Act and Section 21(d)(6) of the Exchange Act. G. Grant such other relief as this Court may deem just or appropriate. Dated this 25th day of February, 2008. s/ Nancy Gegenheimer NANCY GEGENHEIMER ATTORNEY FOR PLAINTIFF OJS 44 (Rev. 11/04) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS DEFENDANTS (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. (c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known) II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) ’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4 of Business In This State ’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES ’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 610 Agriculture ’ 422 Appeal 28 USC 158 ’ 400 State Reapportionment ’ 120 Marine ’ 310 Airplane ’ 362 Personal Injury - ’ 620 Other Food & Drug ’ 423 Withdrawal ’ 410 Antitrust ’ 130 Miller Act ’ 315 Airplane Product Med. Malpractice ’ 625 Drug Related Seizure 28 USC 157 ’ 430 Banks and Banking ’ 140 Negotiable Instrument Liability ’ 365 Personal Injury - of Property 21 USC 881 ’ 450 Commerce ’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Product Liability ’ 630 Liquor Laws PROPERTY RIGHTS ’ 460 Deportation & Enforcement of Judgment Slander ’ 368 Asbestos Personal ’ 640 R.R. & Truck ’ 820 Copyrights ’ 470 Racketeer Influenced and ’ 151 Medicare Act ’ 330 Federal Employers’ Injury Product ’ 650 Airline Regs. ’ 830 Patent Corrupt Organizations ’ 152 Recovery of Defaulted Liability Liability ’ 660 Occupational ’ 840 Trademark ’ 480 Consumer Credit Student Loans ’ 340 Marine PERSONAL PROPERTY Safety/Health ’ 490 Cable/Sat TV (Excl. Veterans) ’ 345 Marine Product ’ 370 Other Fraud ’ 690 Other ’ 810 Selective Service ’ 153 Recovery of Overpayment Liability ’ 371 Truth in Lending LABOR SOCIAL SECURITY ’ 850 Securities/Commodities/ of Veteran’s Benefits ’ 350 Motor Vehicle ’ 380 Other Personal ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) Exchange ’ 160 Stockholders’ Suits ’ 355 Motor Vehicle Property Damage Act ’ 862 Black Lung (923) ’ 875 Customer Challenge ’ 190 Other Contract Product Liability ’ 385 Property Damage ’ 720 Labor/Mgmt. Relations ’ 863 DIWC/DIWW (405(g)) 12 USC 3410 ’ 195 Contract Product Liability ’ 360 Other Personal Product Liability ’ 730 Labor/Mgmt.Reporting ’ 864 SSID Title XVI ’ 890 Other Statutory Actions ’ 196 Franchise Injury & Disclosure Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 740 Railway Labor Act FEDERAL TAX SUITS ’ 892 Economic Stabilization Act ’ 210 Land Condemnation ’ 441 Voting ’ 510 Motions to Vacate ’ 790 Other Labor Litigation ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters ’ 220 Foreclosure ’ 442 Employment Sentence ’ 791 Empl. Ret. Inc. or Defendant) ’ 894 Energy Allocation Act ’ 230 Rent Lease & Ejectment ’ 443 Housing/ Habeas Corpus: Security Act ’ 871 IRS—Third Party ’ 895 Freedom of Information ’ 240 Torts to Land Accommodations ’ 530 General 26 USC 7609 Act ’ 245 Tort Product Liability ’ 444 Welfare ’ 535 Death Penalty ’ 900Appeal of Fee Determination ’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 540 Mandamus & Other Under Equal Access Employment ’ 550 Civil Rights to Justice ’ 446 Amer. w/Disabilities - ’ 555 Prison Condition ’ 950 Constitutionality of Other State Statutes ’ 440 Other Civil Rights V. ORIGIN Transferred from another district (specify) Appeal to District Judge from Magistrate Judgment (Place an “X” in One Box Only) ’ 1 Original Proceeding ’ 2 Removed from State Court ’ 3 Remanded from Appellate Court ’ 4 Reinstated or Reopened ’ 5 ’ 6 Multidistrict Litigation ’ 7 VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause: VII. REQUESTED IN COMPLAINT: ’ CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: ’ Yes ’ No VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE JS 44 Reverse (Rev. 11/04) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”. II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an “X” in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. OAO 440 (Rev. 8/01) Summons in a Civil Action UNITED STATES DISTRICT COURT District of Arizona SECURITIES AND EXCHANGE COMMISSION SUMMONS IN A CIVIL CASE V. MARIO A. PINO CASE NUMBER: TO: (Name and address of Defendant) Mario A. Pino 6630 North 48th Street Paradise Valley, AZ 85253 YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF’S ATTORNEY (name and address) Nancy J. Gegenheimer, Esq. U.S. Securities and Exchange Commission Denver Regional Office 1801 California St., Ste. 1500 Denver, CO 80202 an answer to the complaint which is served on you with this summons, within 20 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. CLERK DATE (By) DEPUTY CLERK OAO 440 (Rev. 8/01) Summons in a Civil Action RETURN OF SERVICE Service of the Summons and complaint was made by me(1) DATE NAME OF SERVER (PRINT) TITLE Check one box below to indicate appropriate method of service G Served personally upon the defendant. Place where served: G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: G Returned unexecuted: G Other (specify): STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server (1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.
-------------------- Don't envy the happiness of those who live in a fool's paradise. Posts: 36378 | From: USA | Registered: Sep 2003
| IP: Logged |
that could happen if we allow it, there's only about 1500 shareholders according to the lawsuit they were asked to file against us by the DTCC.... yeah, US shareholders got sued by our company...
but it was dismissed due to high expenses...
some people tried to countersue saying it was frivolous, but they lost, because it was not frivolous..
the company sued th ewrong people,
but hey, they were TOLD to; according to the CEO? the NASD and the DTCC told them to sue their shareholders...
-------------------- Don't envy the happiness of those who live in a fool's paradise. Posts: 36378 | From: USA | Registered: Sep 2003
| IP: Logged |
Megas beleived sending a photoCOPY of a real cert would help HONEST people in verifying which certs are real..
IMO? clarity is in this up to his eyeballs, that's obvious to me at this point. his defense of Thompson smells really bad.... he's splititng hairs and not very well...
-------------------- Don't envy the happiness of those who live in a fool's paradise. Posts: 36378 | From: USA | Registered: Sep 2003
| IP: Logged |
posted
the T'storms are coming in gotta log off...
i say clarity is deliberately confusing the issues...
he's got an agenda, and it isn't good.
the SEC charges are very clear to me. they say that Pino and Thompson did this and they would mention Megas IMO already if they had anything to "pin on him"... they should show his his complicity in these charges, if there was any...
we'll know soon enough... if there's more charges? they will follow soon...
-------------------- Don't envy the happiness of those who live in a fool's paradise. Posts: 36378 | From: USA | Registered: Sep 2003
| IP: Logged |
UBBFriend: Email this page to someone!
Printer-friendly view of this topic
![[Big Grin]](biggrin.gif)
