In the Matter of CYBERCARE, INC. Respondent.ORDER INSTITUTING PROCEEDINGS, MAKING FINDINGS, AND REVOKING REGISTRATION OF
SECURITIES PURSUANT TO SECTION 12(j) OF THE SECURITIES EXCHANGE ACT OF 1934
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 54188 / July 21, 2006
ADMINISTRATIVE PROCEEDING
File No. 3-12370
In the Matter of
CYBERCARE, INC.
Respondent.
ORDER INSTITUTING PROCEEDINGS, MAKING
FINDINGS, AND REVOKING REGISTRATION OF
SECURITIES PURSUANT TO SECTION 12(j) OF
THE SECURITIES EXCHANGE ACT OF 1934
I.
The Securities and Exchange Commission (“Commission”) deems it necessary and
appropriate for the protection of investors that proceedings be, and hereby are, instituted pursuant
to Section 12(j) of the Securities Exchange Act of 1934 (“Exchange Act”), against CyberCare, Inc.
(“CyberCare” or “Respondent”).
II.
In anticipation of the institution of these proceedings, Respondent has submitted an Offer
of Settlement (the “Offer”) which the Commission has determined to accept. Solely for the
purpose of these proceedings and any other proceedings brought by or on behalf of the
Commission, or to which the Commission is a party, and without admitting or denying the findings
herein, except as to the Commission’s jurisdiction over it and the subject matter of these
proceedings, Respondent consents to the entry of this Order Instituting Proceedings, Making
Findings, and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities
Exchange Act of 1934 (“Order”), as set forth below.
III.
On the basis of this Order and Respondent’s Offer, the Commission finds that:
A. CyberCare, a Florida corporation based in Boynton Beach, Florida, is a technology
assisted health management company. The common stock of CyberCare has been registered under
Section 12(g) of the Exchange Act since October 1992. CyberCare’s stock was quoted on the
NASDAQ from at least April 2000 until August 2002 when it was delisted. The stock is currently
quoted on the Pink Sheets, LLC.
B. CyberCare has failed to comply with Section 13(a) of the Exchange Act and Rules
13a-1 and 13a-13 thereunder, while its common stock was registered with the Commission in that
it has not filed an annual report on Form 10-KSB since April 15, 2002 or quarterly reports on Form
10-QSB since November 20, 2002.
IV.
Section 12(j) of the Exchange Act provides as follows:
The Commission is authorized, by order, as it deems necessary or appropriate for the
protection of investors to deny, to suspend the effective date of, to suspend for a period not
exceeding twelve months, or to revoke the registration of a security, if the Commission finds, on
the record after notice and opportunity for hearing, that the issuer of such security has failed to
comply with any provision of this title or the rules and regulations thereunder. No member of a
national securities exchange, broker, or dealer shall make use of the mails or any means of
instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale
of, any security the registration of which has been and is suspended or revoked pursuant to the
preceding sentence.
In view of the foregoing, the Commission finds that it is necessary and appropriate for the
protection of investors to impose the sanction specified in Respondent’s Offer.
Accordingly, it is hereby ORDERED, pursuant to Section 12(j) of the Exchange Act, that
registration of each class of Respondent’s securities registered pursuant to Section 12 of the
Exchange Act be, and hereby is, revoked.
By the Commission.
Nancy M. Morris
Secretary
sec.gov |
