U.S. Environmental, Inc., et al.
Litigation Release No. 16980 / May 1, 2001
SECURITIES & EXCHANGE COMMISSION v. U.S. ENVIRONMENTAL, INC. ET AL., United States District Court for the Southern District of New York, Civil Action No. 94 Civ. 6608 (PLK)
The Securities and Exchange Commission announced today the settlement of claims against four defendants in this action, filed by Complaint on September 13, 1994, and Amended Complaint on October 23, 1995. These four defendants are:
- John Romano, age 39, resides in Fort Salonga, New York.
- Dudley M. Freeland, age 35, resides in Lakewood, California.
- Leslie Roth, age 43, resides in East Meadow, New York.
- Ernest Micciche, age 41, resides in Mount Laurel, New Jersey.
The Commission's Amended Complaint alleged a classic fraudulent blind pool offering, subsequent market manipulation and fraudulent sale of the underlying securities of U.S. Environmental, Inc. ("USE"), by broker- dealers who accepted undisclosed kickbacks from promoters in return for retailing the stock to unsuspecting customers. Without admitting or denying the allegations of the Amended Complaint, Romano, Freeland, Roth and Micciche consented to final judgments that imposed permanent injunctions and other equitable relief against them.
The Amended Complaint alleged that:
The final judgments permanently enjoin: 1) Romano, Freeland, Roth and Micciche from committing future violations of Section 17(a) of the Securities Act of 1933 ("Securities Act"), and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5; 2) Romano, Freeland and Micciche from committing future violations of Rules 101 and 102 of Regulation M; 3) Romano from committing future violations of Section 5(a) and 5(c) of the Securities Act; 4) Freeland from committing future violations of Section 15(c) of the Exchange Act and Rules 10b-3, 10b-5 and 15c1-2 thereunder; and 5) Micciche from causing future violations of Section 13(a) of the Exchange Act, and Rules 12b-20, 13a-1, 13a-11, and 13a-13 thereunder. Further, the final judgments require 1) Romano to disgorge gains and interest totaling $43,776; 2) Roth to disgorge gains and interest totaling $616; and 3) Micciche to disgorge gains and interest totaling $234,269, but waiving payment of such moneys based on Micciche's demonstrated inability to pay. The final judgment against Freeland does not order any disgorgement as Freeland previously disgorged all ill-gotten gains in the related action: SEC v. H. K. Freeland et al., 91 Civ. 7986 (S.D.N.Y.) (CSH). Finally, the final judgment against Micciche bars him from acting as an officer or director, for five years, of any issuer of securities registered pursuant to Section 12 of the Exchange Act or that is required to file reports pursuant to Section 15(d) of the Exchange Act. Romano and Freeland also consented to a Commission order imposing penny stock bars against Romano and Freeland, and barring Freeland from associating with any broker or dealer.
See prior releases ## 14233, 14233A & 14249.