"Part 14" of 8K
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Holdings, and SOE, and each of them, directly or indirectly, have violated, are
violating, and unless restrained will violate Section 17(a) of the Securities
Act [15 U.S.C. Section 77q(a)], Section 10(b) of the Exchange Act [15 U.S.C.
Section 78j(b)], and Rule 10b-5 thereunder [17 C.F.R. Section 240.10b-5].
CLAIM THREE
(UNDISCLOSED COMPENSATION FOR STOCK PROMOTION)
VIOLATIONS OF SECTION 17(B) OF
THE SECURITIES ACT [15 U.S.C. Section 77Q(B)]
76. Paragraphs 1 through 71 are hereby realleged and incorporated
by reference.
77. By reason of the foregoing, defendants SGA Goldstar, Melcher,
Terry, Alpha Securities, and Dunbar Holdings, and each of them, directly or
indirectly, have violated, are violating, and unless restrained will violate,
Section 17(b) of the Securities Act [15 U.S.C. Section 77q(b)].
CLAIM FOUR
(FALSE AND MISLEADING FILINGS)
VIOLATIONS OF SECTIONS 10(B) AND 13(A)
OF THE EXCHANGE ACT [15 U.S.C. Section 78J(B) AND 78M(A)], AND
RULES 10B-5, 12B-20, 13A-1, 13A-11, AND 13A-13, THEREUNDER
[17 C.F.R. Sections 240.10B-5, 240.12B-20, 240.13A-1, 240.13A-11,
AND 240.13A-13]
78. Paragraphs 1 through 71 are hereby realleged and incorporated
by reference.
79. By reason of the foregoing, defendants SOE and Huttoe have
violated, are violating, and unless restrained will violate Section 10(b) of
the Exchange Act [15 U.S.C.
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Section 78j(b)], and Rule 10b-5 thereunder [17 C.F.R. Section 240.10b-5]; and
SOE has violated, is violating, and unless restrained will violate Section
13(a) of the Exchange Act [15 U.S.C. Section 78m(a)], and Rules 12b-20, 13a-1,
13a-11, and 13a-13, thereunder [17 C.F.R. Sections 240.12b-20, 240.13a-1,
240.13a-11, and 240.13a-13].
CLAIM FIVE
(BOOKS, RECORDS, AND ACCOUNTS; MISREPRESENTATIONS TO AUDITORS)
VIOLATIONS OF SECTIONS 13(B)(2)(A), 13(B)(2)(B)
AND 13(B)(5) OF THE EXCHANGE ACT [15 U.S.C.
Sections 78M(B)(2)(A), 78M(B)(2)(B), AND 78M(B)(5)]
AND RULE 13B2-1 AND 13B2-2 THEREUNDER
[17 C.F.R. Section 240.13B2-1, 240.13B2-2]
80. Paragraphs 1 through 71 are hereby realleged and incorporated
by reference.
81. By reason of the foregoing, defendant SOE has violated, is
violating, and unless restrained will violate Section 13(b)(2)(A) and
13(b)(2)(B) of the Exchange Act [15 U.S.C. Sections 78m(b)(2)(A) and
78m(b)(2)(B)]; and Huttoe has violated, is violating, and unless restrained
will violate Section 13(b)(5) [15 U.S.C. Section 78m(b)(5)], and Rules 13b2-1
and 13b2-2, thereunder [17 C.F.R. Sections 240.13b2-1 and 240.13b2-2].
CLAIM SIX
(REPORTING CHANGES IN HOLDINGS)
VIOLATIONS OF SECTION 16(A)
OF THE EXCHANGE ACT [15 U.S.C. Sections 78P(A),
AND RULES 16A-2 AND 16A-3, THEREUNDER
[17 C.F.R. Sections 240.16A-2 AND 240.16A-3].
82. Paragraphs 1 through 71 are hereby realleged and incorporated
by reference.
83. By reason of the foregoing, Huttoe has violated, is violating,
and unless
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restrained will violate Section 16(a) of the Exchange Act [15 U.S.C. Sections
78p(a)], and Rules 16a-2 and 16a-3, thereunder [17 C.F.R. Sections 240.16a-2
and 240.16a- |
