2023-12-05 sec-litreleases litigation_release 66 KB 3,201 chars

SEC v. CanaFarma Hemp Products Corp.; Vitaly Fargesen; Igor Palatnik; Frank Barone; and Kirill Chumenko, No. LR-25906, Southern District of New York (Dec. 5, 2023) — Press Release

raw: CanaFarma Hemp Products Corp.; Vitaly Fargesen; Igor Palatnik; Frank Barone; Kirill Chumenko

CanaFarma Hemp Products Corp.; Vitaly Fargesen; Igor Palatnik; Frank Barone; Kirill Chumenko, No. 1:21-cv-8211 (S.D.N.Y. Dec. 5, 2023)

Caption
Securities and Exchange Commission v. CanaFarma Hemp Products Corp., et al.
summary

Former CanaFarma executives Frank Barone and Kirill Chumenko received consent judgments for their roles in a $15 million fraudulent offering scheme.

paragraph

The SEC obtained consent judgments against Frank Barone and Kirill Chumenko for their involvement in an approximately $15 million offering fraud. The defendants were charged with violations of the Securities Act and Exchange Act for misrepresenting company operations and manipulating financial models to hide payments. The court ordered disgorgement, interest, and civil penalties, while also barring them from serving as officers or directors of public companies.

narrative

The SEC obtained consent judgments against former CanaFarma Hemp Products Corp. executives Frank Barone and Kirill Chumenko regarding an approximately $15 million offering fraud. The scheme involved misrepresenting CanaFarma as a fully integrated company when it actually relied on third-party hemp suppliers. Additionally, the defendants were alleged to have altered financial models to disguise payments to co-founders Vitaly Fargesen and Igor Palatnik, who misappropriated at least $4 million for personal use. Barone and Chumenko faced charges for violating Sections 17(a) of the Securities Act and Section 10(b) of the Exchange Act. The court's judgments permanently enjoin the defendants from future securities violations and bar them from serving as officers or directors of public companies. Furthermore, the defendants are prohibited from participating in penny stock offerings and must pay disgorgement, interest, and civil penalties, with specific amounts to be determined at a later date.

Enriched metadata

Scheme
corporate-fraud (95%)
Court
Southern District of New York
Case No.
1:21-cv-8211
Victim loss
$15,000,000
Entity
CanaFarma Hemp Products Corp.
CIK
0001806160
Classified corporate-fraud(confidence 95%). EDGAR detection: forms 10-K/10-Q/8-K· recall 56% / precision 8%. detection rule →
Parties
Securities and Exchange CommissionCanaFarma Hemp Products Corp.Vitaly FargesenIgor PalatnikFrank BaroneKirill Chumenko
Keywords
canafarmabarone chumenkohempfargesenbaronechumenkohemp productsfargesen palatnikpalatnikcanafarma hempproducts corpsecurities exchangesecsecuritiesvitaly fargesen

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 2
  • $15.00M $15 million $10M–$100M
  • $4.00M $4 million $1M–$10M
Entities 4
  • agency sec investigation
  • agency Securities and Exchange Commission
  • agency united states attorney’s office for the southern district of new york and fbi
  • court united states district court for the southern district of new york
Triples 12
  • United States District Court For The Southern District Of New York entered consent judgments against Frank Barone and Kirill Chumenko on December 1, 2023
  • Securities And Exchange Commission previously charged CanaFarma, Vitaly Fargesen, and Igor Palatnik
  • Frank Barone and Kirill Chumenko made unsupported changes to CanaFarma’s financial model at the direction of Vitaly Fargesen
  • Vitaly Fargesen and Igor Palatnik misappropriated at least $4 million for personal use or unrelated purposes
  • Frank Barone and Kirill Chumenko charged with violations of Sections 17(a)(1) and (3) Of The Securities Act and Section 10(b) Of The Exchange Act
  • Judgments permanently enjoin Barone and Chumenko from violating Sections 17(a)(1) and (3) Of The Securities Act and Section 10(b) Of The Exchange Act
  • Judgments bar Barone and Chumenko from serving as officer or director of a public company and from participating in penny stock offerings
  • Judgments order each to pay disgorgement, prejudgment interest, and civil penalties
  • SEC investigation conducted by John Lehmann and Lee a. Greenwood
  • SEC investigation supervised by Thomas P. Smith, Jr.
  • Litigation handled by Mr. Lehmann, Lindsay Moilanen, and Russell Feldman
  • Securities And Exchange Commission appreciates assistance of United States Attorney’s Office For The Southern District Of New York and FBI
PDF (from attached: complaint)
Text layers
Extracted body text (3,201c)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25906 / December 5, 2023 Securities and Exchange Commission v. CanaFarma Hemp Products Corp., et al., No. 1:21-cv-8211 (S.D.N.Y. filed Oct. 5, 2021, amended complaint filed Nov. 28, 2023) SEC Obtains Judgments Against Former Hemp Company Executives for Fraudulent Offerings On December 1, 2023, the United States District Court for the Southern District of New York entered consent judgments against Frank Barone and Kirill Chumenko, both former Senior Vice Presidents of Sales & Marketing at CanaFarma Hemp Products Corp. (“CanaFarma”), in connection with an approximately $15 million offering fraud. The SEC previously charged CanaFarma, a Canadian start-up hemp company with offices in Vancouver and New York, and its two co-founders, Vitaly Fargesen and Igor Palatnik, in connection with the same scheme. The SEC’s amended complaint, filed on November 28, 2023, alleges that, in 2019 and 2020, Barone and Chumenko, along with CanaFarma, Fargesen, and Palatnik, raised millions of dollars from investors. While raising these funds, Fargesen and Palatnik made misrepresentations to investors, including claims that CanaFarma was a fully integrated company that was processing hemp from its own farm when in fact it had not processed any of this hemp and its products used hemp supplied by third parties. The amended complaint alleges that Barone and Chumenko, at the direction of Fargesen, made unsupported changes to CanaFarma’s financial model in order to disguise an expected series of payments to Fargesen and Palatnik. Additionally, the amended complaint alleges that, Fargesen and Palatnik—in some instances with the assistance of Barone and Chumenko—misappropriated at least $4 million and used the funds either for their personal use or for purposes unrelated to CanaFarma. In addition to the previously announced charges against CanaFarma, Fargesen, and Palatnik, the amended complaint, filed in the United States District Court for the Southern District of New York, charges Barone and Chumenko with violations of Sections 17(a)(1) and (3) of the Securities Act of 1933 (“Securities Act”) and Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rules 10b-5(a) and (c) thereunder. The judgments against Barone and Chumenko permanently enjoin them from violating Sections 17(a)(1) and (3) of the Securities Act and Section 10(b) of the Exchange Act and Rules 10b-5(a) and (c) thereunder. The judgments also bar each of Barone and Chumenko from serving as an officer or director of a public company and from participating in penny stock offerings, and order each to pay disgorgement, prejudgment interest, and civil penalties. The length of the bars and the amounts of the monetary remedies will be determined by the Court upon motion of the SEC at a later date. The SEC’s investigation was conducted by John Lehmann and Lee A. Greenwood, and was supervised by Thomas P. Smith, Jr. The litigation is being handled by Mr. Lehmann, Lindsay Moilanen, and Russell Feldman. The SEC appreciates the assistance of the United States Attorney’s Office for the Southern District of New York and the FBI. SEC Complaint
OCR text (3,201c · html-text · 99% conf)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25906 / December 5, 2023 Securities and Exchange Commission v. CanaFarma Hemp Products Corp., et al., No. 1:21-cv-8211 (S.D.N.Y. filed Oct. 5, 2021, amended complaint filed Nov. 28, 2023) SEC Obtains Judgments Against Former Hemp Company Executives for Fraudulent Offerings On December 1, 2023, the United States District Court for the Southern District of New York entered consent judgments against Frank Barone and Kirill Chumenko, both former Senior Vice Presidents of Sales & Marketing at CanaFarma Hemp Products Corp. (“CanaFarma”), in connection with an approximately $15 million offering fraud. The SEC previously charged CanaFarma, a Canadian start-up hemp company with offices in Vancouver and New York, and its two co-founders, Vitaly Fargesen and Igor Palatnik, in connection with the same scheme. The SEC’s amended complaint, filed on November 28, 2023, alleges that, in 2019 and 2020, Barone and Chumenko, along with CanaFarma, Fargesen, and Palatnik, raised millions of dollars from investors. While raising these funds, Fargesen and Palatnik made misrepresentations to investors, including claims that CanaFarma was a fully integrated company that was processing hemp from its own farm when in fact it had not processed any of this hemp and its products used hemp supplied by third parties. The amended complaint alleges that Barone and Chumenko, at the direction of Fargesen, made unsupported changes to CanaFarma’s financial model in order to disguise an expected series of payments to Fargesen and Palatnik. Additionally, the amended complaint alleges that, Fargesen and Palatnik—in some instances with the assistance of Barone and Chumenko—misappropriated at least $4 million and used the funds either for their personal use or for purposes unrelated to CanaFarma. In addition to the previously announced charges against CanaFarma, Fargesen, and Palatnik, the amended complaint, filed in the United States District Court for the Southern District of New York, charges Barone and Chumenko with violations of Sections 17(a)(1) and (3) of the Securities Act of 1933 (“Securities Act”) and Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rules 10b-5(a) and (c) thereunder. The judgments against Barone and Chumenko permanently enjoin them from violating Sections 17(a)(1) and (3) of the Securities Act and Section 10(b) of the Exchange Act and Rules 10b-5(a) and (c) thereunder. The judgments also bar each of Barone and Chumenko from serving as an officer or director of a public company and from participating in penny stock offerings, and order each to pay disgorgement, prejudgment interest, and civil penalties. The length of the bars and the amounts of the monetary remedies will be determined by the Court upon motion of the SEC at a later date. The SEC’s investigation was conducted by John Lehmann and Lee A. Greenwood, and was supervised by Thomas P. Smith, Jr. The litigation is being handled by Mr. Lehmann, Lindsay Moilanen, and Russell Feldman. The SEC appreciates the assistance of the United States Attorney’s Office for the Southern District of New York and the FBI. SEC Complaint