U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 18620 /March 11, 2004
UNITED STATES v. THOMAS S. HUGHES, Case No. CR-02-M-1648 (C.D.
Cal.)
FORMER eCONNECT CEO SENTENCED TO OVER 8 YEARS IN PRISON FOR SECURITIES
FRAUD AND CRIMINAL CONTEMPT
The Securities and Exchange Commission ("Commission") announced today
that on March 1, 2004, the Honorable Nora M. Manella, United States District
Judge for the Central District of California, sentenced Thomas S. Hughes,
56, of Rancho Palos Verdes, California, to 97 months in federal prison.
Hughes pleaded guilty on August 11, 2003, to three counts of securities
fraud and one count of criminal contempt.
Hughes was charged by the United States Attorney's Office for the Central
District of California with orchestrating a fraudulent securities scheme.
Specifically, Hughes was accused of issuing false and misleading public
statements in July 2002 - press releases and website content - that
artificially inflated the price of eConnect, whose stock was then publicly
quoted on the Over-The-Counter Bulletin Board. The press releases and
website content falsely claimed that eConnect had received a $20 million
investment in "AA" asset-backed bonds, that eConnect had begun a stock
repurchase program of its shares, and that eConnect had received a $964,000
purchase order for its principal product, suggesting that a legitimate
company had a relationship to the company that actually placed the order. In
reality, the indictment alleged: (1) the bonds were not "AA" rated or
registered so that they could be traded publicly; (2) there was no stock
repurchase program; and (3) there was no relationship between the company
that placed the $964,000 purchase order and the legitimate company
identified in the press release. Hughes was also charged with criminal
contempt of a permanent injunction against him obtained by the Commission in
April 2000 in the case SEC v. eConnect and Thomas S. Hughes, Civil Action
Number CV-00-2959 MMM (RCx)(C.D. Cal.)(Lit. Rel. No. 16481).
In a related proceeding, the Commission obtained emergency relief against
Hughes and others, including an asset freeze, in Los Angeles federal court
on August 8, 2002, alleging that Hughes and others violated the federal
securities laws based upon the scheme described above. On September 4, 2003,
Judge Manella entered judgment against Hughes pursuant to his consent. The
court ordered Hughes to pay a civil penalty in the amount of $120,000, and
permanently enjoined him from future violations of the insider transactions
reporting provisions of the federal securities laws, Section 16(a) of the
Securities Exchange Act of 1934 and Rule 16a-3 thereunder. The Court also
prohibited Hughes from acting as an officer or director of a publicly-traded
company. The Commission's complaint charged Hughes with violations of
Sections 10(b) and 16(a) of the Exchange Act and Rules 10b-5 and 16a-3
thereunder.
This case is the product of an investigation by the Securities and
Exchange Commission, the United States Attorney's Office in Los Angeles, and
the Federal Bureau of Investigation, which received assistance from NASD
Regulation, Inc.
For further information, please see Litigation Release Nos.
17670,
17694,
17709,
and 18326.
http://www.sec.gov/litigation/litreleases/lr18620.htm
