U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20502 / March 19,
2008
Securities and Exchange Commission v.
Michael Saquella, a.k.a. Michael Paloma, and
Lawrence Kaplan, Civil Action No. 1:07CV895
(BRP) (E.D. Va.)
Stock Promoter receives 10-year sentence for
orchestrating Spam-Fueled Pump-and-Dumps of
unregistered offerings.
The Securities and Exchange Commission today
announced that on March 14, 2008, Michael
Saquella, a.k.a. Michael Paloma, was sentenced
to serve ten years in federal prison consisting
of 60 months for conspiracy to commit securities
fraud and 60 months for conspiracy to commit
electronic mail fraud. Paloma was also ordered
to pay restitution to the victims of his crime
in the amount $7,806,303.58.
On August 20, 2007, Paloma pleaded guilty to
one count of conspiracy to commit securities
fraud and one count of electronic mail fraud.
The criminal case was prosecuted by the U.S.
Attorney's Office for the Eastern District of
Virginia. In a related case, on September 17,
2007, the Commission filed a complaint in U.S.
District Court for the Eastern District of
Virginia, alleging that, over the past four
years, Paloma repeatedly passed himself off to
principals of private, cash-strapped companies
as a legitimate financier, persuading company
principals to issue to Paloma-affiliated
entities large controlling blocks of stock,
which were then resold in unlawful public
offerings.
According to the Commission's complaint,
Paloma repeatedly circumvented the registration
requirements of the federal securities laws in
order to obtain large blocks of purportedly free
trading shares. With the "free trading shares"
in hand, Paloma coordinated manipulative trading
to artificially inflate the value of each
issuer's stock while also creating the
appearance of an active trading market. Paloma
then coordinated the dissemination of millions
of false and/or misleading blast fax and spam
e-mails touting the companies' shares. Paloma
realized profits of some $2,155,000 by dumping
shares of the microcap issuers into the public
market at prices artificially inflated by his
manipulative trading and spam campaigns. The
Commission alleged that Paloma carried out
versions of this scheme using the shares of
Courtside Products, Inc., Latin Heat
Entertainment, Inc., Xtreme Technologies, Inc.,
PokerBook Gaming Corp., Commanche Properties,
Inc., TKO Holdings Ltd. and Motion DNA Corp.
In the Commission's action, Paloma consented
to the entry of a final judgment (1) permanently
enjoining him from violating Sections 5(a), 5(c)
and 17(a) of the Securities Act of 1933, and
Section 10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 thereunder; (2) imposing a
penny stock bar against him; and (3) directing
that he disgorge $2,155,034 in unlawful profits,
plus prejudgment interest of $364,265.
Additional information can be found in
Litigation
Release No. 20269 (September 6, 2007); and
Securities Act of 1933 Release No. 8892
(February 7, 2008).