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by Mike Caswell

Kevin Miller, one of those accused alongside Kelowna's Shane Whittle for the $78-million manipulation of Jammin' Java Corp., denies that he did anything wrong. (All figures are in U.S. dollars.). Mr. Miller, 46, says that there is nothing connecting him to an alleged scheme that boosted the stock to $6.35. He specifically denies having control over an offshore entity accused of selling $8.83-million worth of shares during the manipulation.

Mr. Miller is responding to civil charges that he faces from the U.S. Securities and Exchange Commission. The regulator claims that he was part of a scheme to boost Jammin' Java with misleading news and fraudulent on-line reports. Offshore entities, including one that he owned, sold $78-million worth of shares during the scheme, according to the SEC.

For his part, Mr. Miller says that the evidence against him falls far short of showing that he did anything wrong. He is asking that the charges be dropped altogether. In a motion to dismiss filed on May 12, 2016, he tries to put substantial distance between himself and his co-defendants, saying that there is no evidence he even knew there was a manipulation occurring. As he sees it, the only thing tying him to the scheme is his ownership of a private entity named Las Colinas Ltd., which the SEC accused of selling shares during the scheme. The problem, according to Mr. Miller, is that the SEC did not accuse him of carrying out those sales. It attributed control of Las Colinas to others, he says. For that reason and others, he says that the case should be dismissed against him.

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