Stock Stallion
17 years ago
SOLN Smart Online CEO, Five Others Arrested In Fraud Case >SOLN
Last Update: 9/12/2007 7:31:35 AM
By Chad Bray
Of DOW JONES NEWSWIRES
(This article was originally published Tuesday)
NEW YORK (Dow Jones)--The chief executive of Smart Online Inc. (SOLN), his
brother and four brokers were arrested Tuesday in connection with an alleged
scheme to artificially inflate the company's stock, prosecutors said.
In a press release, the U.S. Attorney's Office in Manhattan said Dennis Michael
Nouri, the Durham, N.C., company's president and CEO, and his brother Reeza Eric
Nouri, a Smart Online employee, have been charged with securities fraud and
conspiracy.
Four brokers - Ruben Serrano, Anthony Martin, James Doolan and Alain Lustig -
also have been charged with conspiracy and securities fraud in the matter,
prosecutors said.
Martin and Doolan both worked until 2006 as brokers at Maxim Group LLC, a New
York broker-dealer. Serrano has worked at Maxim since 2003. Lustig has worked
since 2003 at Jesup & Lamont Securities Corp., a New York broker-dealer.
They each face a maximum of 20 years in prison on the securities fraud charge.
The Securities and Exchange Commission also brought civil charges against the men
Tuesday.
The Nouris were ordered detained until a detention hearing in North Carolina on
Thursday. Bail was set at $300,000 for Doolan and $100,000 apiece for Lustig,
Serrano and Martin at separate hearings in Manhattan late Tuesday. Serrano was
expected to appear before a federal magistrate judge in Manhattan later Tuesday.
David W. Long, a lawyer for the Nouris in Raleigh, declined to comment late
Tuesday.
Martin J. Siegel, a lawyer for Doolan, also declined to comment Tuesday, adding
"We are denying the allegations in the complaint."
Alexander E. Eisemann, a lawyer for Martin, said, "I believe that the
government's evidence will not be able to establish my client had any intent to
defraud anyone. We look forward to demonstrating that."
Lawyers for Lustig and Serrano didn't immediately return phone calls seeking
comment late Tuesday.
In a press release late Tuesday, Smart Online said Nouri has resigned and that
the company has taken a number of steps to improve its internal controls with
respect to management conduct. The company expects its board to name an acting
CEO and president later Tuesday.
Prosecutors have alleged that the Nouris, between May 2005 and July 2007, engaged
in a scheme designed to manipulate Smart Online's stock price by paying
undisclosed kickbacks to brokers to solicit their customers to buy the company's
shares in order to drive up the stock price.
Trading in the company's stock was briefly suspended by the SEC between Jan. 17,
2006, and Jan. 30, 2006. At the time, the SEC said it was suspending the stock
for "a lack of current and accurate information concerning Smart Online's
securities because of possible manipulative conduct occurring in the market for
its stock."
Shortly after the trading suspension was lifted, Michael Nouri allegedly told an
unnamed cooperating witness during a recorded telephone conversation in February
2006 what to say when questioned by investigators about trading in Smart Online's
stock, according to a criminal complaint.
Nouri allegedly told the cooperating witness to tell investigators that the
witness "had not done anything wrong," that the witness "did not pump and dump
the stock" and that the witness did not pay money to brokers and neither did
Nouri, according to the criminal complaint.
"Nouri further instructed CW-1 that if Nouri gave money to CW-1 for brokers, it
was for their 'time,'" the criminal complaint said.
According to the SEC complaint, Nouri, between May 2005 and January 2006, paid at
least $170,000 in bribes to three individuals, including Serrano, to create
volume in Smart Online's stock. Some of that money was paid by an unnamed
individual to Martin, Lustig and Doolan, the SEC said.
During that period, six individuals, including the four brokers, solicited
purchases of at least 267,000 Smart Online shares, or about 10% of the company's
trading volume at the time, from investors without disclosing the payments, the
SEC alleged.
Smart Online's stock is traded on the over-the-counter bulletin board.
-By Chad Bray, Dow Jones Newswires; 212-227-2017; chad.bray@dowjones.com
(END) Dow Jones Newswires
September 12, 2007 07:31 ET (11:31 GMT)
Reddog65
17 years ago
Posted by: 53chevy
In reply to: None Date:9/11/2007 12:22:04 PM
Post #of 8786
SOLN ($2.80). Hope no one is in this one........
Smart Online CEO, 5 Others Arrested In Sec Fraud SchemeLast update: 9/11/2007 12:11:04 PM
By Chad Bray
Of DOW JONES NEWSWIRES
NEW YORK (Dow Jones)--The chief executive of Smart Online Inc., his brother and four brokers were arrested Tuesday in connection with an alleged scheme to artificially inflate the company's stock, prosecutors said. In a press release, the U.S. Attorney's office in Manhattan said Dennis Michael Nouri, the North Carolina company's president and CEO, and his brother Reeza Eric Nouri, a Smart Online employee, have been charged with securities fraud and conspiracy. Four brokers - Ruben Serrano, Anthony Martin, James Doolan and Alain Lustig - also have been charged with conspiracy and securities fraud in the matter, prosecutors said. They each face a maximum of 20 years in prison on the securities fraud charge. The Nouris are expected to appear before a federal magistrate judge in Durham, N.C., later Tuesday, while the brokers are expected to appear before a federal magistrate judge in New York later Tuesday. Lawyers for the men couldn't immediately be located for comment Tuesday. A phone call to a Smart Online spokesman also wasn't immediately returned Tuesday. Prosecutors have alleged that the Nouris, between May 2005 and July 2007, engaged in a scheme designed to manipulate Smart Online stock price by paying undisclosed kickbacks to brokers to solicit their customers to buy the company's shares in order to drive up its stock price. Smart Online's stock has been traded on the over-the-counter bulletin board. -By Chad Bray, Dow Jones Newswires; 212-227-2017; chad.bray@dowjones.com (END) Dow Jones NewswiresSeptember 11, 2007 12:11 ET (16:11 GMT)
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