UNITED
STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 16942 / March 23, 2001
SECURITIES
AND EXCHANGE COMMISSION v. NANCY J. CHEAL, individually
and d/b/a RELIEF ENTERPRISE, et al. (United States
District Court for the District of Massachusetts,
C.A. No. 00 CV 10182-EFH) (January 31, 2000)
Alleged
Promoter Of Fraudulent Trading Scheme Criminally
Indicted On 5 Counts of Mail Fraud and 2 Counts
of Wire Fraud
The
Securities and Exchange Commission announced that,
on February 28, 2001, Nancy J. Cheal ("Cheal")
was indicted in the District of Massachusetts
on 7 criminal charges, including 5 counts of mail
fraud and 2 counts of wire fraud. On March 2,
2001, Cheal was arrested and was released on a
$100,000 secured bond. The criminal charges allege
that Cheal executed a false scheme by which she
defrauded thousands of people of more than $2.1
million through her operation of a purported international
bank debenture trading program. The criminal charges
alleged that Cheal represented that she was the
president of a business named "Relief Enterprise",
which was operated from two of Cheal's trailer
homes in Florida. Victims of the scheme were allegedly
promised that they would receive a 100% return
per week for twelve consecutive weeks.
On
January 31, 2000, the Commission filed a Complaint
against Cheal (d/b/a Relief Enterprise) and against
Richard L. Birmingham ("Birmingham"),
a relief defendant, alleging that Cheal violated
the general antifraud and securities registration
provisions of the federal securities laws (Sections
5(a) and (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. The Commission's
allegations arose from the same underlying factual
conduct described in the criminal allegations.
On February 1, 2000, the United States District
Court for the District of Massachusetts granted
the Commission's motion for an ex parte order
and, among other things, temporarily restrained
the fraudulent activities, froze assets of Cheal
and Birmingham and froze the proceeds of the offering.
On February 15, 2000, after a hearing, the Court
entered a Preliminary Injunction and Order for
Other Equitable Relief against Cheal (d/b/a Relief
Enterprise) and against Birmingham. Among other
things, the Order continued the asset freeze.
On
April 27, 2000, the United States District Court
for the District of Massachusetts granted a motion
brought by the United States Attorney's Office
to stay the proceedings in the case brought by
the Commission.
For
further information, please see Litigation Releases
No. 16440 (February 17, 2000) and Litigation Release
No. 16424 (February 3, 2000).
from:
http://www.sec.gov/litigation/litreleases/lr16942.htm
UNITED
STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 16440 / February 17, 2000
Promoter
Of Fraudulent $1.5 Million Internet Trading Scheme
Preliminarily Enjoined And Non-Party Held In Contempt
[SECURITIES
AND EXCHANGE COMMISSION v. NANCY J. CHEAL, individually
and d/b/a RELIEF ENTERPRISE, et al. (United States
District Court for the District of Massachusetts,
C.A. No. 00 CV 10182-EFH) (January 31, 2000)]
On
February 15, 2000, after a hearing, the United
States District Court for the District of Massachusetts
entered a Preliminary Injunction and Order for
Other Equitable Relief in a case against Nancy
J. Cheal ("Cheal") (d/b/a Relief Enterprise)
and against Richard L. Birmingham ("Birmingham"),
a relief defendant from Carson City, based on
an allegedly fraudulent Internet trading scheme.
The Court´s Order, among other things, freezes
assets derived from an alleged Prime Bank-like
Internet fraud until the case is completed. The
Order also prohibits Cheal from future violations
of the general antifraud and securities registration
provisions of the federal securities laws. During
the hearing, the Court held a non-party, Lindsey
Springer ("Springer"), in contempt for
violating a prior asset freeze. Springer appeared
at the hearing to oppose the Commission´s
motion for the preliminary injunction, but is
not a party or an attorney for a party. He asserted
that he had standing to appear at the hearing
by claiming that he was affected by the freeze
order. In making his argument, Springer revealed
that $1,500 had been spent in violation of the
freeze order to pay his travel expenses to attend
the hearing from his home in Tulsa, Oklahoma.
The Court ordered Springer to pay $1,500 into
the Registry of the Court.
The
Commission´s Complaint alleges that Cheal,
directly and through representatives, raised more
than $1.5 million in an investment fraud perpetrated
over the Internet and by other means. The Commission
alleged that, since at least October 1999, Cheal,
doing business as Relief Enterprise, fraudulently
offered and sold investments in a purported Abank
debenture trading@ program by making baseless
promises of a 100% weekly return on a website
and through other means of solicitation . According
to the Complaint, Cheal also falsely told investors
that the extraordinary investment return would
be paid using the profits from the trading activity
of a Alicensed bank debenture trader@ with whom
she was purportedly associated. The Commission
also alleged that Cheal or her representatives
falsely assured investors that their funds were
not at risk and were 100% guaranteed by the U.S.
Government. The Commission alleged that the investment
program had many hallmarks of so-called Prime
Bank trading programs, which do not exist. According
to the Complaint, Cheal obtained more than $1.5
million from hundreds of investors in forty-eight
states and ten foreign countries.
According
to the Commission, Birmingham received a substantial
amount of the money raised from the allegedly
fraudulent scheme. Birmingham allegedly used those
funds to pay various expenses, including debit
card withdrawals at a casino. The Commission charged
Birmingham as a relief defendant because he allegedly
was unjustly enriched through his receipt of those
funds.
The
Complaint, which was filed on January 31, 2000,
alleged that Cheal violated the general antifraud
and securities registration provisions of the
federal securities laws -- i.e., Sections 5(a)
and (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. On February
1, 2000, the U.S. District Court for the District
of Massachusetts granted the Commission´s
motion for an ex parte order temporarily restraining
the fraudulent activities, freezing the assets
of Cheal and Birmingham and the proceeds of the
offering and imposing other equitable relief.
The
Commission coordinated its investigation with
the Office of the U.S. Attorney for the District
of Massachusetts and the Federal Bureau of Investigation.
For
further information, please see Litigation Release
No. LR-16424 (February 3, 2000).
from: http://www.sec.gov/litigation/litreleases/lr16440.htm
UNITED
STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 16424 / February 3, 2000
SEC
Files Emergency Action in $1.5 Million Internet
Trading Scheme
SECURITIES
AND EXCHANGE COMMISSION v. NANCY J. CHEAL, individually
and d/b/a RELIEF ENTERPRISE, et al. (United States
District Court for the District of Massachusetts,
C.A. No. 00 CV 10182-EFH) (January 31, 2000)
The
Commission announced today the unsealing of a
temporary restraining order and asset freeze against
Nancy J. Cheal (ACheal@) based upon allegations
that, directly and through representatives, she
raised more than $1.5 million in a Prime Bank-like
investment fraud perpetrated over the Internet
and by other means. The Commission alleged that,
since at least October 1999, Cheal, doing business
as Relief Enterprise, fraudulently offered and
sold investments in a Abank debenture trading@
program by making baseless promises of a 100%
weekly return on a website and through other means
of solicitation . According to the Complaint,
Cheal also falsely told investors that the extraordinary
investment return would be paid using the profits
from the trading activity of a Alicensed bank
debenture trader@ with whom she was purportedly
associated. The Commission also alleged that Cheal
or her representatives falsely assured investors
that their funds were not at risk and were 100%
guaranteed by the U.S. Government. The Commission
alleged that the investment program had many of
the hallmarks of so-called Prime Bank trading
programs, which do not exist. According to the
Complaint, Cheal, who allegedly conducted her
operation from her mobile home in Bunnell, Florida,
has obtained more than $1.5 million from hundreds
of investors in forty-eight states and ten foreign
countries. The Commission's complaint, which was
filed on January 31, 2000, alleged that Cheal
violated the general antifraud and securities
registration provisions of the federal securities
laws -- i.e., Sections 5(a) and (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.
According
to the Commission, a substantial amount of the
money raised from investors was deposited to a
bank account controlled by Richard L. Birmingham
(ABirmingham@), who used it to pay various expenses,
including debit card withdrawals at a casino.
The Commission charged Birmingham as a relief
defendant, because he allegedly was unjustly enriched
through his receipt of those funds from Cheal
without consideration.
On
February 1, 2000, the U.S. District Court for
the District of Massachusetts granted the Commission's
motion for an ex parte order temporarily restraining
the fraudulent activities, freezing the assets
of Cheal and Birmingham and the proceeds of the
offering and imposing other equitable relief.
A hearing on the Commission's motion for a preliminary
injunction has been scheduled for February 15,
2000.
The
Commission coordinated its investigation with
the Office of the U.S. Attorney for the District
of Massachusetts and the Federal Bureau of Investigation.
from:
http://www.sec.gov/litigation/litreleases/lr16424.htm
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