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To: SEC-ond-chance who wrote (14582)2/16/2005 9:06:31 PM
From: StockDung  Respond to of 19428
 
Concorde America,Absolute Health Promoters' Assets Seized
By Carol S. Remond
Of DOW JONES NEWSWIRES
16 February 2005
20:17
Dow Jones News Service
English
(c) 2005 Dow Jones & Company, Inc.

NEW YORK (Dow Jones)--The Securities and Exchange Commission said Wednesday it obtained emergency asset freeze orders against stock promoters who pumped and dumped the stocks of Concorde America Inc. (CNDD) and Absolute Health and Fitness Inc. (AHFI).

The SEC said in a press release Wednesday that the assets of Bryan Kos and Donald Oehmke had been seized in "connection with the manipulation of two small-cap companies traded nationwide on the Pink Sheets."

Five offshore companies are also named as relief defendants. They are: Da Silva, SA, Vanderlip Holdings, NV, Chiang Ze Capital, AVV, Ryzcek Investments, GMBH, and Barranquilla Holdings, SA.

Concorde America claimed to recruit Latin American workers for employment in Europe. Absolute Health purported to own and operate several fitness centers in North Carolina. The two companies were the subjects of two Dow Jones Newswires "In the Money" columns that highlighted the powerful Internet promotions behind the two companies and some of people involved in touting the stocks.

The SEC said it filed a civil injunctive action on Feb. 14, alleging that Oehmke, Kos and others defrauded investors through two classic "pump and dump" schemes.

According to the SEC complaint Oehmke and Kos "instigated both schemes, artificially creating demand for stock they owned in Concorde America and Absolute Health through unauthorized and false press releases, facsimile and e-mail spams, Internet websites, promotional videos, and automatic voice-mail messages since approximately June 2004."

The SEC said that Oehmke made about $11.3 million from his sales of Concorde America stock and more than $9.4 million from his sales of Absolute Health. The SEC's complaint also alleges that Kos realized net profits of nearly $1.7 million from his sales of Concorde America stock, and more than $5 million from his sales of Absolute Health stock.

The SEC also sued Concorde America and its president, Hartley Lord, alleging that he participated in the stock manipulation scheme. The commission also sued Absolute Health alleging that it did not own any fitness centers.

In addition, the SEC sued Thomas M. Heysek, Andrew M. Kline, and Paul A. Spreadbury alleging that they prepared false and misleading analyst reports, tout sheets, and press releases, among other things.

As reported by Dow Jones Newswires, Heysek wrote a promotional report about Concorde America and was quoted in two press releases that the company said later it didn't authorize. Heysek was also involved in the promotion of Absolute Health and Fitness.

The SEC said that Jeremy Jaynes, a man recently convicted of spamming and sentenced to a nine-year jail term, was a business partner of Kos. According to the commission, both men met with Randall Rohm, the majority owner of two holding companies that own and operate gyms in North Carolina and proposed that Rohm merged his business with a shell company. The SEC said Rohm never agreed with Kos and Jaynes and ceased discussions with them. But the SEC said that didn't deter Kos and Oehmke who began acting as if the merger had occurred.

- By Carol S. Remond, Dow Jones Newswires, 201-938-2074; carol.remond@dowjones.com [ 02-16-05 2017ET ]



To: SEC-ond-chance who wrote (14582)2/17/2005 10:47:35 AM
From: StockDung  Respond to of 19428
 
AHFI still trading today. 80 cents down 5 cents finance.yahoo.com



To: SEC-ond-chance who wrote (14582)2/17/2005 10:48:48 AM
From: StockDung  Respond to of 19428
 
CNDD TRADING TODAY 17 CENTS DOWN A PENNY finance.yahoo.com



To: SEC-ond-chance who wrote (14582)2/17/2005 12:14:41 PM
From: StockDung  Respond to of 19428
 
"Based on the consent, the Court also ordered Moss to pay disgorgement in the amount of $118,178, which was waived based on Moss's financial condition."

U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 19088 / February 17, 2005
Securities and Exchange Commission v. Carl R. Rose, Frank H. Moss, et al., Civil Action No. H-04-CV-2799
The Commission announced that on December 23, 2004, the United States District Court for the Southern District of Texas entered a Final Judgment against Defendant Frank H. Moss, based on his consent.

In its complaint, the Commission alleged that Moss, along with twelve other individuals, carried out a manipulation of two stocks, EpicEdge, Inc., and EVTC, Inc. Moss was charged with violating the antifraud provisions of the federal securities laws, the stock ownership reporting provisions and the securities registration provisions.

Moss, without admitting or denying the allegations of the complaint, consented to an order of permanent injunction which permanently restrained and enjoined him from violating, directly or indirectly, Sections 5 and 17(a) of the Securities Act of 1933 ("Securities Act"), Sections 10(b), 13(d)(1) and 16(a) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rules 10b-5, 13d-1, 13d-2 and 16a-3 thereunder. Based on the consent, the Court also ordered Moss to pay disgorgement in the amount of $118,178, which was waived based on Moss's financial condition.

sec.gov

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To: SEC-ond-chance who wrote (14582)2/17/2005 5:13:01 PM
From: StockDung  Read Replies (1) | Respond to of 19428
 
"There may still be an investigation open on Tom by the IRS criminal division; I received some evidence that a criminal investigation had been opened, but I am unable to find the current status of that investigation."

junkfax.org