U.S. Securities and Exchange Commission
Washington, D.C.
LITIGATION Release No. 16867 / January 23, 2001
Securities and Exchange Commission v. Arash Aziz-Golshani et al.,
U.S. District Court for the Central District of California (Civil Action
No. 99-13139) (CBM)(AJWx)
Securities and Exchange Commission v. Arash Molayem, U.S. District
Court for the Central District of California (Civil Action No. 01-00649
)(CBM)(CTx)
THREE SETTLE SEC CHARGES IN NEI WEBWORLD INTERNET STOCK MANIPULATION
CASE;
TWO SENTENCED TO PRISON IN RELATED CRIMINAL
PROSECUTION.
The Commission today announced that Hootan Melamed and Allen
Derzakharian, two of three defendants named in the Commission's previously
filed NEI Webworld, Inc. Internet stock-price manipulation case, have
agreed to settle the case by surrendering substantially all their assets
and consenting to the entry of permanent injunctions. The Commission also
filed a new action naming a fourth individual, Arash (Danny) Molayem, for
participating in the NEI Webworld and other Internet manipulations.
Simultaneous with the filing of the Complaint against him, Molayem also
consented to the entry of a permanent injunction and agreed to disgorge
his trading profits. The Commission's complaint against Arash
Aziz-Golshani, the third defendant in the original case, remains pending.
Separately, the United States Attorney for the Central District of
California prosecuted Aziz-Golshani and Melamed criminally for their
manipulation of NEI Webworld. Aziz-Golshani pled guilty to one count of
securities fraud and one count of conspiracy to commit securities fraud.
Melamed pled guilty to one count of conspiracy to commit securities fraud.
Aziz-Golshani was sentenced on January 22, 2001 to 15 months
incarceration, and ordered to pay restitution in an amount to be
determined. Melamed was sentenced on January 12, 2001 to 10 months
incarceration and ordered to pay restitution in an amount to be
determined.
In its original Complaint filed December 15, 1999, the Commission
alleged that in November 1999, Aziz-Golshani, Melamed, and Derzakharian
manipulated the market for NEI Webworld, Inc., a defunct company that was
thinly traded on the NASD Bulletin Board. The Commission alleged that they
acquired large blocks of stock for pennies per share, created demand for
the stock by disseminating false statements on the Internet that NEI
Webworld, Inc. would be acquired by another company, and then sold their
stock into the rising market. Aziz-Golshani realized illegal profits of
$152,742.50, and Melamed and Derzakharian realized illegal profits of
$211,250 in a joint brokerage account. See Lit. Rel. 16391 (December
15, 1999). The Commission sought and obtained preliminary orders freezing
the defendants' assets and restraining them from continuing to violate the
securities laws. On July 6, 2000, the Commission amended its complaint to
allege that from April 1999 to October 1999 Aziz-Golshani had manipulated
the prices of eleven other thinly traded stocks by spreading false
messages on Internet message boards, and that he reaped approximately
$321,000 in additional illegal profits from that activity. See Lit.
Rel. 16620 (July 6, 2000). The amended complaint alleged that Melamed
participated in two of the additional manipulations, from which he
obtained trading profits of $1,928.
In the settlements, which were filed yesterday, Melamed and
Derzakharian consented, without admitting or denying the allegations in
the amended complaint, to the entry of an order: (1) permanently enjoining
them from future violations of the Section 17(a) of the Securities Act of
1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
thereunder; (2) requiring them jointly and severally to disgorge $211,250
in illegal trading profits, together with prejudgment interest, by
surrendering the contents of the joint brokerage account in which they
traded NEI Webworld securities. That account had been frozen since the
Commission filed its original complaint. Melamed agreed to disgorge an
additional $2,066 in profits and prejudgment interest from his trading in
the two other securities. Neither Melamed nor Derzakharian will be ordered
to pay penalties based on the sworn statements of financial condition that
each submitted.
In a new complaint filed yesterday, the Commission also named Molayem
and alleged that he participated with others in the NEI Webworld
manipulation and five other manipulations of thinly traded companies. That
complaint charges that Molayem, like the others, violated Section 17(a) of
the Securities Act, Section 10(b) of the Securities Exchange Act and Rule
10b-5 thereunder, and realized illegal trading profits of $16,006. Without
admitting or denying the allegations in the complaint, Molayem also agreed
to settle the case by consenting to an order: (1) enjoining him from
future violations of those provisions of the federal securities laws, (2)
requiring him to disgorge his illegal trading profits together with
prejudgement interest. Because of Molayem's early and substantial
cooperation in the investigation of this matter, the Commission did not
seek to freeze his assets, and settled without seeking civil penalties
against him.
The Commission acknowledges the assistance of the NASD in the
investigation of this
matter.
http://www.sec.gov/litigation/litreleases/lr16867.htm
