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by Mike Caswell
The U.S. Securities and Exchange Commission has asked a judge to impose a $16.2-million disgorgement order on Surrey's John Kirk and others for a boiler room scheme. (All figures are in U.S. dollars.) The SEC says that Mr. Kirk was part of a group that boosted a pair of pink sheets listings with bogus claims about a solar power business and an infomercial business. During the scheme he and others sold millions of shares through foreign nominees, the regulator contends.
The SEC's request is contained in a motion filed on Friday, Aug. 12, in New York. The request is likely not a complete surprise to Mr. Kirk, as he previously settled the case without a trial. As part of that settlement, he agreed to disgorge his profits in an amount that the judge would determine. (He also agreed to a permanent ban from penny stocks and from serving as an officer or director, without admitting any wrongdoing.) The amount that the SEC is seeking includes $13.3-million in disgorgement, plus interest.
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