To: Mr. Pink who wrote (9337 ) 6/4/1999 6:16:00 PM From: StockDung Respond to of 18998
Sara Hallitex CEO Had 7-Year Trading Suspension In Canada By ANTHONY PALAZZO, STAFF REPORTER NEW YORK -- Many investors in venture-banking firm Sara Hallitex Corp. probably don't know its chairman and chief executive, Garrett K. Krause, recently came off a seven-year suspension from trading by the Alberta Securities Commission for selling unregistered shares in a limited partnership. Krause isn't required to tell the public because Sara Hallitex (SHAL) doesn't file reports with the Securities and Exchange Commission. It is one of about 3,000 companies - half of those trading on an over-the-counter bulletin board - that aren't required to file with the commission. SEC chairman Arthur Levitt has made it a priority to increase disclosure requirements for tiny "microcap" companies, and stricter rules will start next month. But the SEC still doesn't have any rules to prevent people who run afoul of foreign regulators from becoming involved in public companies. In the U.S., the SEC and National Association of Securities Dealers have been moving to tighten reporting requirements for OTC companies. Under new NASD rules to be phased in starting in July, companies already trading on the over-the-counter bulletin board must file financial statements with the SEC. The current schedule calls for Sara Hallitex to start filing its reports next April. Krause, who founded Sara Hallitex, said its SEC Form 10 - which provides audited financials and a company history - will be filed by July 4 and should include a recap of his problems in Alberta. Three affiliated public companies - USLab.Com Inc. (ULAB), Janus International Inc. (JNUS) and SolutionNet International Inc. (SLNN) - are working on their filings now, with the goal of completing them in 60 days. Krause acknowledged the ban to Dow Jones after short sellers posted tidbits about the issue on the Silicon Investor Web site. Short sellers, who became interested in Sara Hallitex after they saw its stock being promoted on some financial Web sites, now make frequent negative postings on Silicon Investor and Raging Bull. The stock price has ranged from $1.688 to $20.125 in the past year. Krause said the ban has also been mentioned in private placement memos to raise money for Sara Hallitex, a Marina del Ray, Calif.-based company that incubates small start-ups, takes them public and allows its investors to participate in the action. In Canada in 1990, Krause sold 25,000 Canadian dollars ($16,9260) in limited partnership units to two investors in X-SEL Restaurant "C" LP. He wasn't registered with the Alberta commission and hadn't filed a preliminary prospectus for the limited partnership. In Canada, a preliminary prospectus must be filed before soliciting interest in a security, said Toronto securities lawyer Philip Anisman. Before securities can be sold, regulators must accept a final prospectus and issue a "receipt," Anisman said. The process, from preliminary filing to final receipt, can take three weeks to several months. Krause blamed the episode on a poor choice of business associates early in his career - he is now 32. At the time he accepted the investments, he said, he believed the required filings were complete but that a lawyer didn't file them until two days after the dates on the checks. Charles Blakey, director of market standards for the Alberta Securities Commission, disputed Krause's version of the incident. "It wasn't a filing problem, he did an illegal distribution of securities," Blakey said. "My recollection of this is that we told him to quit, and he went and kept doing it anyway. That's what caused him to get the seven years." Krause didn't appear at the April 1992 hearing, where he was ordered to cease trading for seven years and denied the use of certain statutory exemptions for the same period. He had not returned the money at the time of the hearing - two years after receiving it, according to Blakey. In a recent interview, Krause said he wasn't sure if the money was ever returned to investors even after the partnership was liquidated in 1993. The suspension ended April 16. Krause said he didn't fight the case because the facts were against him and he had left Canada. - Anthony Palazzo: 714-739-5538 Copyright (c) 1999 Dow Jones & Company, Inc. All Rights Reserved.