U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 19098 / February 24, 2005
Securities and Exchange Commission v. Hubert A. Jeffreys, a/k/a
Hugh Jeffreys, Earthboard Sports USA, Inc., Timothy F. Bell and Tracy A.
Edwards, Civil Action No. 1:05CV00372 (RWR) (D.D.C.).
S.E.C. Files Charges Against Earthboard, its Founder and President,
and Two Stock Brokers for Fraudulent Sales of Earthboard Stock
The United States Securities and Exchange Commission announced today
that it has filed a securities fraud lawsuit in the United States
District Court for the District of Columbia against Earthboard Sports
USA, Inc., Hubert A. Jeffreys, Timothy F. Bell and Tracy A. Edwards. The
Commission's complaint alleges that Jeffreys, the founder and
then-president, CEO, and CFO of Earthboard, a privately held, Costa
Mesa, California-based manufacturer of all-terrain skateboards and Bell
and Edwards, two former registered representatives, fraudulently offered
and sold stock of Earthboard Sports USA, Inc. From April 1998 to March
2003, Earthboard, in an unregistered offering, raised approximately $5.1
million from at least 66 individuals and entities. Jeffreys, Bell and
Edwards enticed investors to purchase Earthboard shares using a number
of materially false statements including the claim that Vans Inc., a
Nasdaq-traded footwear company, planned to acquire Earthboard in a
one-for-one share exchange that would generate a windfall of as much as
$24 for each dollar invested in Earthboard stock. In reality, Vans never
had any intention to acquire Earthboard and had never expressed any
interest in acquiring Earthboard.
The complaint alleges that, in one instance, Jeffreys, Bell and
Edwards defrauded an elderly couple of at least $455,000. Bell and
Edwards went as far as arranging for the couple to mortgage their
paid-off home to buy Earthboard stock; the couple ultimately lost their
home when the promised profits from their Earthboard investment failed
to materialize and they could not afford to make the mortgage payments.
The complaint further alleges that Jeffreys misappropriated at least
$1.9 million of investor funds, using stock sale proceeds to buy a
waterfront home in Newport Beach, three undeveloped plots in a
residential community in Lake Havasu, Arizona, a house in his
girlfriend's name, and a thirty-foot fishing boat and accompanying
mooring on Santa Catalina Island.
The Commission's action seeks permanent injunctions, orders of
disgorgement and civil penalties against Earthboard and Jeffreys for
violating Sections 5(a), 5(c) and 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 thereunder, as well as an officer
and director bar against Jeffreys. The Commission also seeks permanent
injunctions, orders of disgorgement, and civil penalties against Bell
and Edwards for violating Section 17(a) of the Securities Act and
Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.
SEC
Complaint in this matter