2023-06-30 sec-litreleases litigation_release 67 KB 3,731 chars

SEC v. Thomas Collins; Patrick Thomas; Gary Kouletas; Scott Levine; and Brian Kingsfield, No. LR-25761, Northern District of Texas (June 30, 2023) — Press Release

raw: Thomas Collins, Patrick Thomas, Gary Kouletas, Scott Levine, and Brian Kingsfield

Thomas Collins, Patrick Thomas, Gary Kouletas, Scott Levine, and Brian Kingsfield, No. 4:23-cv-00676 (June 30, 2023)

Caption
Securities and Exchange Commission v. Collins
summary

Five individuals orchestrated a $1.7 million penny stock fraud scheme involving Global Resource Energy, Inc. and have consented to SEC charges and parallel criminal convictions.

paragraph

Thomas Collins, Patrick Thomas, Gary Kouletas, Scott Levine, and Brian Kingsfield were charged with a scheme to fraudulently sell millions of shares of Global Resource Energy, Inc. to generate $1.7 million in proceeds. The defendants violated antifraud provisions of the Securities Exchange Act and Securities Act, with Kingsfield also charged for acting as an unregistered broker. Following parallel criminal proceedings, the defendants received prison sentences ranging from 18 to 43 months.

narrative

The SEC charged five individuals—Thomas Collins, Patrick Thomas, Gary Kouletas, Scott Levine, and Brian Kingsfield—with a scheme to fraudulently sell millions of shares of Global Resource Energy, Inc. (GBEN). To bypass stock restrictions, Collins and Thomas used sham consulting agreements to transfer restricted shares to third parties, including an entity owned by Kouletas, to make them appear freely tradeable. The group coordinated with market maker Scott Levine and unregistered broker Brian Kingsfield to induce unsuspecting investors to purchase the controlled shares, generating approximately $1.7 million. All five defendants consented to SEC relief, including disgorgement and industry bars, following guilty pleas in parallel criminal proceedings. Sentences for the primary defendants ranged from 18 to 43 months, while a sixth participant, Damon Durante, also received a six-month prison sentence. The SEC is seeking permanent injunctive relief, civil penalties, and various bars against the defendants.

Enriched metadata

Scheme
pump-and-dump (95%)
Court
Northern District of Texas
Case No.
4:23-cv-00676
Outcome
pleaded
Victim loss
$1,700,000
Entity
Thomas Collins, Patrick Thomas, Gary Kouletas, Scott Levine, and Brian Kingsfield
Ticker
GBEN
Classified pump-and-dump(confidence 95%). EDGAR detection: forms S-8/S-1/424B/8-K· recall 69% / precision 12%. detection rule →
Parties
Securities and Exchange CommissionThomas CollinsGary KouletasPatrick ThomasScott LevineBrian Kingsfield
Keywords
thomascollinscollins thomassharesgben sharesmonths imprisonmentseckouletaslevinekingsfieldthomas collinscollins patrickpatrick thomasgary kouletasscott levine

Exhibits & Attached Documents (2)

Extracted insights

Dollar amounts 1
  • $1.70M $1.7 million $1M–$10M
Entities 8
  • court a complaint in u.s. district court for the northern district of texas
  • agency by sarah s. mallett and eric r. werner of the sec’s fort worth regional office
  • person damon durante
  • agency Securities and Exchange Commission
  • agency the sec’s complaint
  • agency the sec’s investigation
  • agency the sec’s litigation
  • person those shares
Triples 29
  • Securities And Exchange Commission filed a complaint in U.S. District Court For The Northern District Of Texas
  • The complaint charged five individuals with a fraudulent scheme to sell millions of shares of Global Resource Energy, Inc.
  • The defendants received approximately $1.7 million in proceeds from the fraudulent scheme
  • Thomas Collins and Patrick Thomas obtained undisclosed control over the vast majority of Gben’s shares
  • Thomas Collins and Patrick Thomas coordinated with Brian Kingsfield, Scott Levine, and Gary Kouletas to fraudulently sell Gben shares to the investing public
  • Collins and Thomas used sham consulting agreements to transfer millions of restricted Gben shares to a third party
  • Collins and Thomas induced investors to purchase the Gben shares
  • Collins enlisted Levine, a market maker, to help match unsuspecting public investors with sellers of shares secretly controlled by Collins and Thomas
  • Collins and Thomas used another sham consulting agreement to transfer millions of restricted Gben shares to an entity owned by Kouletas
  • The Kouletas entity sold those shares
  • The Kouletas entity split the proceeds with Collins and Thomas
  • The SEC’s complaint charges all defendants with violating the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934
  • The SEC’s complaint charges Kingsfield with violating Section 15(a) of the Exchange Act for acting as an unregistered broker
  • The SEC seeks permanent injunctive relief, disgorgement of ill-gotten gains with prejudgment interest, civil penalties, and penny stock bars against all defendants, plus officer-and-director bars against Collins and Thomas
  • The defendants have agreed to consent to all the charges and relief
  • Each of the defendants has pleaded guilty in parallel criminal proceedings in the Northern District Of Ohio
  • Collins was sentenced to 41 months imprisonment
  • Thomas was sentenced to 18 months imprisonment
  • Kouletas was sentenced to 43 months imprisonment
  • Kingsfield was sentenced to 37 months imprisonment
  • Levine is awaiting sentencing
  • Damon Durante consented to a cease-and-desist order finding that he willfully violated Section 15(a) of the Exchange Act for acting as an unregistered broker
  • Durante agreed to an order of disgorgement, civil penalty, penny stock bar, and an industry bar
  • Durante pleaded guilty in the parallel criminal proceeding
  • Durante was sentenced to six months imprisonment
  • The SEC’s investigation was conducted by Derek Kleinmann and Ty Martinez
  • The SEC’s investigation was supervised by Sarah S. Mallett and Eric R. Werner of the SEC’s Fort Worth Regional Office
  • The SEC’s litigation is being conducted by Matthew J. Gulde
  • The SEC’s litigation is supervised by B. David Fraser
Text layers
Extracted body text (3,731c)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25761 / June 30, 2023 Securities and Exchange Commission v. Thomas Collins, Patrick Thomas, Gary Kouletas, Scott Levine, and Brian Kingsfield, No. 4:23-cv-00676-O (N.D. Tex. filed June 30, 2023) SEC Charges Five Individuals in Penny Stock Fraud Scheme The Securities and Exchange Commission filed today a complaint in U.S. District Court for the Northern District of Texas charging five individuals with a fraudulent scheme to sell millions of shares of Global Resource Energy, Inc. (OTC: GBEN), a Fort Worth-based microcap company. The defendants collectively received approximately $1.7 million in proceeds from the fraudulent scheme. The SEC’s complaint alleges that Thomas Collins and Patrick Thomas obtained undisclosed control over the vast majority of GBEN’s shares, and then coordinated with Brian Kingsfield, Scott Levine, and Gary Kouletas to fraudulently sell GBEN shares to the investing public. According to the complaint, Collins and Thomas used sham consulting agreements to transfer millions of restricted shares of GBEN stock to a third party to give the appearance that the shares were freely tradeable. Collins and Thomas, with the assistance of Kingsfield and a network of salespeople, induced investors to purchase the GBEN shares. To assist in the fraudulent scheme, Collins enlisted Levine, a market maker, to help match unsuspecting public investors with sellers of shares secretly controlled by Collins and Thomas. In addition, the SEC alleges that Collins and Thomas used another sham consulting agreement to transfer millions of restricted GBEN shares to an entity owned by Kouletas. The Kouletas entity then sold those shares, and split the proceeds with Collins and Thomas. The SEC’s complaint charges all defendants with violating the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10b-5(a) and (c) thereunder and Sections 17(a)(1) and (a)(3) of the Securities Act of 1933 (Securities Act), and Kingsfield with violating Section 15(a) of the Exchange Act for acting as an unregistered broker. The SEC seeks permanent injunctive relief, disgorgement of ill-gotten gains with prejudgment interest, civil penalties, and penny stock bars against all defendants, along with officer-and-director bars against Collins and Thomas. The defendants have agreed to consent to all the charges and relief, and their settlements are subject to court approval. Each of the defendants has pleaded guilty in parallel criminal proceedings in the Northern District of Ohio. See United States v. Collins, et al., 1:20-cr-00842-BYP (N.D. Ohio); see also United States v. Levine, 1:23-cr-00262-SL (N.D. Ohio). Collins was sentenced to 41 months imprisonment, Thomas to 18 months imprisonment, Kouletas to 43 months imprisonment, Kingsfield to 37 months imprisonment, and Levine is awaiting sentencing. In a separate proceeding, Damon Durante, another salesperson Collins and Thomas used to sell GBEN shares, consented to a cease-and-desist order finding that he willfully violated Section 15(a) of the Exchange Act for acting as an unregistered broker. Durante agreed to an order of disgorgement, civil penalty, penny stock bar, and an industry bar. Durante also pleaded guilty in the parallel criminal proceeding and was sentenced to six months imprisonment. See United States v. Collins, et al., 1:20-cr-00842-BYP (N.D. Ohio). The SEC’s investigation was conducted by Derek Kleinmann and Ty Martinez, and supervised by Sarah S. Mallett and Eric R. Werner of the SEC’s Fort Worth Regional Office. The SEC’s litigation is being conducted by Matthew J. Gulde and supervised by B. David Fraser. SEC Complaint
OCR text (3,731c · html-text · 99% conf)
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 25761 / June 30, 2023 Securities and Exchange Commission v. Thomas Collins, Patrick Thomas, Gary Kouletas, Scott Levine, and Brian Kingsfield, No. 4:23-cv-00676-O (N.D. Tex. filed June 30, 2023) SEC Charges Five Individuals in Penny Stock Fraud Scheme The Securities and Exchange Commission filed today a complaint in U.S. District Court for the Northern District of Texas charging five individuals with a fraudulent scheme to sell millions of shares of Global Resource Energy, Inc. (OTC: GBEN), a Fort Worth-based microcap company. The defendants collectively received approximately $1.7 million in proceeds from the fraudulent scheme. The SEC’s complaint alleges that Thomas Collins and Patrick Thomas obtained undisclosed control over the vast majority of GBEN’s shares, and then coordinated with Brian Kingsfield, Scott Levine, and Gary Kouletas to fraudulently sell GBEN shares to the investing public. According to the complaint, Collins and Thomas used sham consulting agreements to transfer millions of restricted shares of GBEN stock to a third party to give the appearance that the shares were freely tradeable. Collins and Thomas, with the assistance of Kingsfield and a network of salespeople, induced investors to purchase the GBEN shares. To assist in the fraudulent scheme, Collins enlisted Levine, a market maker, to help match unsuspecting public investors with sellers of shares secretly controlled by Collins and Thomas. In addition, the SEC alleges that Collins and Thomas used another sham consulting agreement to transfer millions of restricted GBEN shares to an entity owned by Kouletas. The Kouletas entity then sold those shares, and split the proceeds with Collins and Thomas. The SEC’s complaint charges all defendants with violating the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10b-5(a) and (c) thereunder and Sections 17(a)(1) and (a)(3) of the Securities Act of 1933 (Securities Act), and Kingsfield with violating Section 15(a) of the Exchange Act for acting as an unregistered broker. The SEC seeks permanent injunctive relief, disgorgement of ill-gotten gains with prejudgment interest, civil penalties, and penny stock bars against all defendants, along with officer-and-director bars against Collins and Thomas. The defendants have agreed to consent to all the charges and relief, and their settlements are subject to court approval. Each of the defendants has pleaded guilty in parallel criminal proceedings in the Northern District of Ohio. See United States v. Collins, et al., 1:20-cr-00842-BYP (N.D. Ohio); see also United States v. Levine, 1:23-cr-00262-SL (N.D. Ohio). Collins was sentenced to 41 months imprisonment, Thomas to 18 months imprisonment, Kouletas to 43 months imprisonment, Kingsfield to 37 months imprisonment, and Levine is awaiting sentencing. In a separate proceeding, Damon Durante, another salesperson Collins and Thomas used to sell GBEN shares, consented to a cease-and-desist order finding that he willfully violated Section 15(a) of the Exchange Act for acting as an unregistered broker. Durante agreed to an order of disgorgement, civil penalty, penny stock bar, and an industry bar. Durante also pleaded guilty in the parallel criminal proceeding and was sentenced to six months imprisonment. See United States v. Collins, et al., 1:20-cr-00842-BYP (N.D. Ohio). The SEC’s investigation was conducted by Derek Kleinmann and Ty Martinez, and supervised by Sarah S. Mallett and Eric R. Werner of the SEC’s Fort Worth Regional Office. The SEC’s litigation is being conducted by Matthew J. Gulde and supervised by B. David Fraser. SEC Complaint