the Statement alleges that the registration statement is materially false and misleading because, among other things: (1) it states that numerous United States and world political figures are currently serving as directors and officers of Apollo, or are otherwise associated with the Company;...
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
Securities Act of 1933
Release No. 8610 / September 12, 2005
Admin. Proc. File No. 3-12035
IN THE MATTER OF THE REGISTRATION STATEMENT OF APOLLO
PUBLICATION CORPORATION
On September 12, 2005, the United States Securities and Exchange Commission (Commission) issued an Order Fixing Time and Place of Public Hearing and Instituting Proceedings Pursuant to Section 8(d) of the Securities Act of 1933 (Order) against Apollo Publication Corporation (Apollo).
The Division of Enforcement alleges, as set forth in the Statement of Matters of the Division of Enforcement(Statement) incorporated by reference in the Order, that the
registration statement makes certain materially false and misleading statements and omits to state certain materials facts as required by Commission forms and regulations
governing the offer and sale of securities to the public. For example, the Statement alleges that the registration statement is materially false and misleading because, among
other things:
(1) it states that numerous United States and world political figures arecurrently serving as directors and officers of Apollo, or are otherwise associated with the Company; and
(2) it falsely lists the “Canadian Imperial Bank of Commerce” (CIBC) and certain CIBC affiliates as “joint book-running managers” for Apollo’s offering.
The Statement also alleges that the registration statement omits to state materials facts, such as: (1) Apollo’s current and historical financial information; and (2) audited financial statements. Finally, the Statement alleges that the registration statement does not contain the signatures of Apollo’s principal executive, financial and accounting officers, any board member, or any authorized representative in the United States.
A hearing will be scheduled before an administrative law judge to determine whether the allegations contained in the Order are true, to provide the Respondent an opportunity to
dispute these allegations, and to determine what, if any, remedial sanctions are appropriate and in the public interest.
The Order requires the Administrative Law Judge to issue an initial decision no later than 210 days from the date of service of this Order, pursuant to Rule 360(a)(2) of the
Commission’s Rules of Practice.
sec.gov |
