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by Mike Caswell

The U.S. Securities and Exchange Commission has asked a judge to determine its case against Wayne Weaver, one of two Canadians charged in the Jammin' Java Corp. scheme, without a trial. The SEC says it has undisputed evidence showing that Mr. Weaver was part of a $78-million pump-and-dump with Jammin' Java. (All figures are in U.S. dollars.) Moreover, Mr. Weaver has essentially refused to contest the allegations, citing his Fifth Amendment privilege, the SEC claims.

The request from the SEC comes as part of its case against Mr. Weaver and several others for Jammin' Java. The regulator claims that the group, headed by Kelowna's Shane Whittle, was behind a scheme that sent the stock to a $6.35 high. Offshore companies associated with Mr. Weaver sold millions of shares during the scheme, according to the SEC.

The case has yet to go to a trial, and all of the other defendants have settled out of court. These include Mr. Whittle, who agreed to pay $2.4-million and to serve a 10-year penny stock ban. (Mr. Whittle did not admit to any wrongdoing in that settlement.)

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