Litigation Release No. 18265 / July 31, 2003
SEC v. Discover Capital Holdings Corp., et al., 03 Civ. 1496 (RMC)
(D.D.C., filed July 9, 2003)
Federal Court Issues Preliminary Injunction Order Against Ari Dinov, Eli
Dinov, Discover Capital Holdings Corp., and Indianapolis Securities, Inc.
On July 30, 2003 the Honorable Rosemary M. Collyer of the United States
District Court for the District of Columbia entered a preliminary injunction
order, by consent, against Discover Capital Holdings Corp., its wholly-owned
broker-dealer subsidiary Indianapolis Securities, Inc., Eli Dinov, Discover
Capital's President and CEO, and Ari Dinov, Indianapolis Securities'
Secretary and Treasurer. The preliminary injunction order continues to
restrain the four defendants from violating the antifraud and registration
provisions of the federal securities laws. The order also modifies the asset
freeze as to defendants Discover Capital and Indianapolis Securities. On an
ongoing basis, Indianapolis Securities will be required to pay any net
profits into an escrow account. Indianapolis Securities and Discover Capital
will be permitted to access these funds solely to pay their ordinary
business expenses, subject to review and objection by the SEC.
On July 29, 2003, with respect to defendants David Rubin and Stronghold
Associates, Inc., Judge Collyer issued an order moving the preliminary
injunction hearing to August 13, 2003. The Temporary Restraining Order and
asset freeze as to Rubin and Stronghold Associates remains in effect.
The Commission's complaint, filed on July 9, 2003, alleges that the
defendants, Eli Dinov, his brother Ari Dinov, and David Rubin used spam
e-mail touts and misleading, high pressure sales calls to raise $1.1 million
dollars through the sale of private placement shares of Uniondale, New
York-based Discover Capital, a company controlled by the individual
defendants, through Discover's wholly-owned broker-dealer subsidiary,
Indianapolis Securities.
The SEC continues to seek additional relief against all defendants,
including permanent injunctions, disgorgement of ill-gotten gains, and civil
money penalties.
For additional information, see Litigation Releases
18222
and 18231.
http://www.sec.gov/litigation/litreleases/lr18265.htm