To: StockDung  who wrote (548 ) 5/20/2005 3:08:36 PM From: Arcane Lore     Respond to    of 559  From today's SEC Digest: COMMISSION DECLARES DECISION AS TO RICHARD KERN AND CHARLES WILKINS FINAL The  decision of an administrative law judge barring Richard S. Kern and Charles Wilkins from participating in an offering of any penny stock has become  final.   The law judge found that on Oct. 2,  2003,  the  United States  District Court for the Southern District of New York permanently enjoined  Kerns and Wilkins from violating Sections 5(a) and 5(c)of  the Securities Act of 1933 and ordered them, jointly and severally,  to  pay disgorgement  and prejudgment interest of $7,765,173.   The  court  also ordered  Kern to pay a civil penalty of $400,000 and Wilkins  to  pay  a civil  penalty of $300,000.  The law judge also found that on  June  28, 2004,  the  district court permanently enjoined Kern  and  Wilkins  from violation  Section 10(b) of the Exchange Act of 1934  and  Exchange  Act Rule 10b-5. From  April  1998  through January 1999, Kern and  Wilkins  successfully listed  the  securities of three shell corporations on  the  NASD’s  OTC Bulletin Board in an attempt to merge the shell corporations with  other corporations.   The respondents distributed the corporations’  stock  to family  and  friends, who held the securities for two years  before  the securities  were  publicly listed, and then respondents re-gathered  the stock back from them.  The respondents also effected public sales of the shell  corporations’  securities  to entities  owned  or  controlled  by Respondents’  co-defendant, Peter C. Lybrand, without registering  their transactions  with  the  Commission  and  aided  and  abetted  a  market manipulation by Lybrand.  (Rel. 34-51712; File No. 3-11537)  sec.gov