SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17732 / September 17, 2002
SECURITIES AND EXCHANGE COMMISSION v. MARK E. RICE D/B/A PRIMEX
CAPITAL, et al., Civil Action No. H:02CV00636 (USDC S.D. Texas, September
11, 2002)
The Commission announced today that on September 11, 2002, the
Honorable Vanessa Gilmore, United States District Court Judge for the
Southern District of Texas located in Houston, entered a final judgment by
default against Mark E. Rice of Sugar Land, Texas who did business under
the name Primex Capital. The Court ordered Rice to repay his illegal
trading profits totaling $900,367 which he obtained through his
manipulation of the securities of four micro-cap companies, and
prejudgment interest on those amounts of $184,755.20. Rice is jointly and
severally liable with two companies for a portion of the $900,367 and
interest. The Court also ordered Rice to pay civil penalties of $440,000,
which consists of four $110,000 penalties, one for each of the four
companies whose stock he manipulated.
The Commission alleged in its complaint filed on February 25, 2002 that
between September 1999 and July 2000, Rice carried out "pump and dump"
schemes to manipulate the stock of four micro-cap companies:
Portalzone.com, Inc., which later changed its name to Status Wines of
Tuscany, Inc. (Portalzone); Rockport Healthcare Group, Inc.; Global
Connections, Inc.; and Pinnacle Business Management, Inc. The complaint
alleged that Rice had issued unsolicited fraudulent "spam" e-mail
messages, press releases and other promotional materials about the four
companies and then engaged in manipulative trading in the stock of those
companies when the price of the stocks increased because of the false
statements. According to the Commission's complaint, Rice, and Portalzone
in various press releases issued by the company, made false statements
about the development of Portalzone's product purportedly an advanced
Internet search engine, the company's revenue sources and business
relationships with third parties, as well as Rice's stock-picking track
record and trading intentions. The Commission's complaint alleged that
Rice used two companies, relief defendants Primex (USA), Inc. (Primex), a
Nevada corporation, and Applegate Sentry, S.A. (Applegate) a Bahamian
corporation, to hide his sales of unregistered stock of three of the four
companies into the market inflated by his false statements. Together, Rice
and the two companies obtained illegal profits of $900,367.
Previously on March 5, 2002, the Court permanently enjoined Rice, based
on his consent, from future violations of the securities registration
provisions of Sections 5(a), and 5(c) of the Securities Act of 1933
(Securities Act), the anti-fraud provisions of Section 17(a) of the
Securities Act and Section 10(b) of the Securities Exchange Act of 1934
(Exchange Act) and Rule 10b-5 thereunder, and the anti-manipulation
provisions of Regulation M, Rule 101. On August 20, 2002, the Court also
permanently enjoined Portalzone, which is now known as Status Wines of
Tuscany, from violating the anti-fraud provisions of Section 10(b) of the
Exchange Act, and Rule 10b-5. On June 26, 2002, the Court ordered relief
defendants Primex and Applegate Sentry to disgorge their illegal trading
profits of $759,174 and $51,665 respectively plus prejudgment interest on
those amounts. Rice is jointly and severally liable with Primex and
Applegate Sentry to repay the amounts of profits and prejudgment interest
assessed against the two companies. For additional information see
Litigation Releases 17377 ( February 25, 2002) and 17414 (March 14, 2002).
http://www.sec.gov/litigation/litreleases/lr17732.htm