SEC CHARGES STOCK PROMOTER WITH FRAUD IN PURPORTED PURCHASE OF FACEBOOK, TWITTER SHARES

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

The Securities and Exchange Commission charged a stock promoter based in Santa Barbara, Calif., with fraudulently raising nearly $3.5 million from investors purportedly to purchase Facebook and Twitter shares prior to their initial public offerings (IPOs).

The SEC alleges that instead of purchasing the shares in the secondary market as promised, Efstratios “Elias” Argyropoulos and his firm Prima Capital Group misappropriated investor funds.  They used the money primarily for day trading of stocks and options as well as to pay off certain investors who complained when they didn’t receive the promised Facebook or Twitter shares.

Argyropoulos agreed to settle the SEC’s charges and be barred from working for an investment adviser or broker-dealer, and financial penalties will be determined at a later date.

“Argyropoulos capitalized on the high demand for pre-IPO Facebook and Twitter shares to steal investor money and secretly fund his own day trading,” said Michele Wein Layne, Director of the SEC’s Los Angeles Regional Office.

The SEC’s complaint charges Argyropoulos and Prima Capital with violating the antifraud provisions and broker-dealer registration provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934.  Argyropoulos and Prima Capital agreed to settle the charges without admitting or denying the allegations, and the settlement is subject to court approval.

The SEC separately announced an administrative proceeding against Khaled A. Eldaher, a registered representative living in Austin, Texas.  The SEC Enforcement Division alleges that while working for a registered broker-dealer, Eldaher reached a side agreement with Argyropoulos to solicit investors and receive 50 percent of the mark-up on Facebook shares he sold.  Eldaher sold $362,887.50 worth of Facebook shares and was paid $15,478 by Prima Capital.  He was later terminated by the broker-dealer for selling securities other than through the firm.  The Enforcement Division alleges that Eldaher’s sales of unregistered securities violated Section 15(a)(1) of the Exchange Act.  The matter will be scheduled for a public hearing before an administrative law judge for proceedings to adjudicate the Enforcement Division’s allegations and determine what, if any, remedial actions are appropriate.

The SEC’s investigation was conducted by Tony Regenstreif and supervised by Victoria A. Levin of the Los Angeles Regional Office.  The Enforcement Division’s litigation against Eldaher will be led by Karen Matteson.

STOCK PROMOTER CHARGED WITH WIRE FRAUD

The following is an excerpt from the SEC website:

"July 11, 2011
Securities and Exchange Commission v. Presto Telecommunications, Inc. and Alfred Louis Vassallo, Jr., United States District Court, Southern District of California, Case No. 04CV00162IEG (filed Jan. 24, 2004).
TELECOMMUNICATIONS STOCK PROMOTER ALFRED LOUIS “BOBBY” VASSALLO, JR. INDICTED FOR WIRE FRAUD
The Securities and Exchange Commission announced today that, at the request of the United States Attorney’s Office for the Central District of California, a federal grand jury in Santa Ana, California, returned an indictment against Alfred Louis “Bobby” Vassallo, Jr. on July 6, 2011 charging him with three felony counts of wire fraud. Vassallo, age 61, is a resident of La Jolla, California.

The indictment charges Vassallo with making false representations to an investor in connection with an investment in a wireless communication venture including failing to disclose that he had been sued by the Commission and that a permanent injunction and monetary judgment had been entered against him in the Commission’s action. United States of America v. Alfred Louis Vassallo, Jr. aka “Bobby Vassallo,” U. S. District Court, Central District of California, case no. 8:11-CR-00150 (filed July 6, 2011).

The Commission filed a civil complaint against Vassallo and his former company, Presto Telecommunications, Inc., in the U. S. District Court, Southern District of California, on January 27, 2004 that charged Vassallo with violating the securities registration and antifraud provisions of the federal securities laws for his role in perpetrating a fraudulent scheme through Presto, which raised approximately $26 million from more than 500 investors. The Court entered a Final Judgment of Permanent Injunction and Other Relief against Vassallo on August 24, 2005 that permanently enjoined him from violating the securities registration and antifraud provisions and ordered him to pay a total of $2,009,082 in disgorgement plus prejudgment interest, civil penalties, and the costs and expenses of the permanent receiver for Presto.

The Commission filed an application for an order to show cause re civil contempt against Vassallo on September 21, 2010 which alleged that Vassallo violated the Final Judgment by offering and selling unregistered securities of wireless ventures and telecommunications companies, by committing fraud in connection with the offer and sale of those securities, and by failing to pay any of the monetary relief he was ordered to pay. The Court issued an order to show cause on September 24, 2010 why Vassallo should not be held in civil contempt of the Final Judgment. The Court issued an order on October 26, 2011 referring Vassallo’s alleged violations of the permanent injunction to the United States Attorney for the Southern District of California for prosecution for criminal contempt. The Court subsequently stayed the civil contempt proceeding. "