SEC v. Donald G. Blakstad; Energy Sources International Corporation; and Xact Holdings Corporation, No. LR-25697, Southern District of New York (Apr. 18, 2023) — Press Release
raw: No Respondents
No Respondents, No. 1:20-cv-00163 (S.D.N.Y. Apr. 18, 2023)
Donald G. Blakstad and his companies, ESI and Xact, settled SEC offering fraud charges for misappropriating investor funds, resulting in prison time and multimillion-dollar judgments.
Donald G. Blakstad was convicted of securities and wire fraud for misusing funds raised through Midcontinental Petroleum, ESI, and Xact between 2015 and 2019. He was sentenced to 36 months in prison and ordered to pay over $4.5 million in criminal forfeiture and $669,000 in restitution. The SEC settlement also imposed permanent injunctions, officer and director bars, and various disgorgement orders across his controlled entities.
Between 2015 and 2019, Donald G. Blakstad orchestrated an offering fraud through Midcontinental Petroleum, Energy Sources International (ESI), and Xact Holdings Corporation. Rather than investing in oil, gas, or cryptocurrency, Blakstad used the companies as a personal piggybank for his own expenses. Following a criminal trial, Blakstad was convicted of conspiracy, securities fraud, and wire fraud, leading to a 36-month prison sentence and $4.5 million in forfeiture. The SEC secured final judgments against Blakstad and his companies, including permanent injunctions and officer and director bars. While Blakstad faced significant disgorgement orders, Xact’s obligation was satisfied by returning funds to investors from the Court Registry Investment System. Ultimately, the settlement ensures both criminal penalties and the return of funds to harmed investors.
Extracted insights
- $4.52M $4,518,103 $1M–$10M
- $806K $806,106 $100K–$1M
- $750K $750,000 $100K–$1M
- $669K $669,000 $100K–$1M
- $641K $640,901 $100K–$1M
- $190K $189,699 $100K–$1M
- $109K $108,683 $100K–$1M
- $49K $49,250 $10K–$100K
- $24K $24,494 $10K–$100K
- $9K $9,488 <$10K
- $700 $700 <$10K
- company energy sources international corporation
- company midcontinental petroleum, inc.
- agency sec investigation
- court united states district court for the southern district of new york
- company xact holdings corporation
- United States District Court For The Southern District Of New York entered final judgments against Donald G. Blakstad and Energy Sources International Corporation on April 11, 2023
- Blakstad fraudulently raised money from investors through Midcontinental Petroleum, Inc., Energy Sources International Corporation, and Xact Holdings Corporation between July 2015 and May 2019
- Blakstad treated company bank accounts as his own personal piggybank
- Blakstad was charged criminally by the U.S. Attorney’s Office For The Southern District Of New York
- Blakstad was convicted at trial of conspiracy to commit securities fraud, securities fraud, conspiracy to commit wire fraud, wire fraud, and aiding and abetting on June 8, 2021
- Blakstad was sentenced to 36 months imprisonment, three years supervised release, criminal forfeiture of $4,518,103, restitution of $669,000, and an assessment of $700
- Blakstad consented to entry of a judgment that permanently enjoins him from violating securities laws and orders payment of disgorgement and prejudgment interest
- Midcontinental Petroleum, Inc. was ordered to disgorge $669,000 plus $49,250 prejudgment interest
- Energy Sources International Corporation consented to entry of a judgment that orders it to pay disgorgement and prejudgment interest jointly and severally with Blakstad
- Xact Holdings Corporation consented to entry of a judgment that ordered disgorgement of $750,000, satisfied by return of investors’ share
- Blakstad agreed to settle insider trading charges in SEC v. Blakstad civil action No. 1:19-cv-06387 filed July 10, 2019
- The litigation was led by Christopher R. Kelly and supervised by Gregory R. Bockin of the SEC’s Philadelphia Regional Office
- SEC investigation was conducted by Patricia a. Paw and Brian R. Higgins, supervised by Brendan P. McGlynn and Scott a. Thompson of the Philadelphia Regional Office
SEC Settles Offering Fraud Case against Convicted Fraudster and his Companies, and Returns Funds to Certain Investors Harmed by the Fraud Litigation Release No. 25697 /April 18, 2023 Securities and Exchange Commission v. Blakstad, et al., Civil Action No. 1:20-cv-00163 (S.D.N.Y. filed Jan. 8, 2020) On April 11, 2023, the United States District Court for the Southern District of New York entered final judgments against Donald G. Blakstad, and Energy Sources International Corporation (“ESI”), which was a purported cryptocurrency mining operation controlled by Blakstad. On December 7, 2022, the Court entered an amended final judgment against Xact Holdings Corporation (“Xact”), a company that also was controlled by Blakstad. According to the SEC’s complaint, between at least July 2015 and May 2019, Blakstad fraudulently raised money from investors through Midcontinental Petroleum, Inc. (“MPI”), a purported oil, gas, and alternative energy resources company, as well as through ESI and Xact. Rather than use investors’ funds as represented, the SEC’s complaint alleges that Blakstad treated the company bank accounts as his own personal piggybank. Blakstad was charged criminally by the U.S. Attorney’s Office for the Southern District of New York. On June 8, 2021, Blakstad was convicted at trial of: (1) conspiracy to commit securities fraud; (2) securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Rule 10b-5 thereunder; (3) conspiracy to commit wire fraud; (4) wire fraud; and (5) aiding and abetting. Blakstad was sentenced to 36 months of imprisonment; three years of supervised release; criminal forfeiture of $4,518,103; restitution of $669,000; and an assessment of $700. Blakstad consented to the entry of a judgment that permanently enjoins him from violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder, imposes an officer and director bar, and orders him to pay disgorgement and prejudgment interest relating to each the following aspects of the fraud: • MPI: Disgorgement of $669,000, plus prejudgment interest of $49,250 (deemed satisfied by orders of restitution and forfeiture in United States v. Blakstad). • ESI: Disgorgement of $108,683, plus prejudgment interest of $9,488 (jointly and severally with ESI). • Xact: Disgorgement of $806,106, plus prejudgment interest of $24,494 (with $640,901 of this obligation deemed satisfied by the order of forfeiture in United States v. Blakstad, resulting in $189,699 remaining to be paid on this obligation). ESI consented to the entry of a judgment that contains permanent injunctions for the charged antifraud provisions and orders it to pay disgorgement and prejudgment interest jointly and severally with Blakstad as noted above. Xact consented to the entry of a judgment that ordered disgorgement of $750,000, but deemed that obligation satisfied by the return of Xact investors’ respective share of the $750,000, plus accrued interest, previously deposited by a third party in the Court Registry Investment System. Blakstad also was charged and agreed to settle the insider trading charges against him in Securities and Exchange Commission v. Blakstad, et al., Civil Action No. 1:19-cv-06387 (S.D.N.Y., filed July 10, 2019), as described in the litigation release for that case. The litigation was led by Christopher R. Kelly and supervised by Gregory R. Bockin of the SEC’s Philadelphia Regional Office. The SEC’s investigation that led to this action was conducted by Patricia A Paw and Brian R. Higgins, and supervised by Brendan P. McGlynn and Scott A. Thompson, all of the Philadelphia Regional Office.
SEC Settles Offering Fraud Case against Convicted Fraudster and his Companies, and Returns Funds to Certain Investors Harmed by the Fraud Litigation Release No. 25697 /April 18, 2023 Securities and Exchange Commission v. Blakstad, et al., Civil Action No. 1:20-cv-00163 (S.D.N.Y. filed Jan. 8, 2020) On April 11, 2023, the United States District Court for the Southern District of New York entered final judgments against Donald G. Blakstad, and Energy Sources International Corporation (“ESI”), which was a purported cryptocurrency mining operation controlled by Blakstad. On December 7, 2022, the Court entered an amended final judgment against Xact Holdings Corporation (“Xact”), a company that also was controlled by Blakstad. According to the SEC’s complaint, between at least July 2015 and May 2019, Blakstad fraudulently raised money from investors through Midcontinental Petroleum, Inc. (“MPI”), a purported oil, gas, and alternative energy resources company, as well as through ESI and Xact. Rather than use investors’ funds as represented, the SEC’s complaint alleges that Blakstad treated the company bank accounts as his own personal piggybank. Blakstad was charged criminally by the U.S. Attorney’s Office for the Southern District of New York. On June 8, 2021, Blakstad was convicted at trial of: (1) conspiracy to commit securities fraud; (2) securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Rule 10b-5 thereunder; (3) conspiracy to commit wire fraud; (4) wire fraud; and (5) aiding and abetting. Blakstad was sentenced to 36 months of imprisonment; three years of supervised release; criminal forfeiture of $4,518,103; restitution of $669,000; and an assessment of $700. Blakstad consented to the entry of a judgment that permanently enjoins him from violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder, imposes an officer and director bar, and orders him to pay disgorgement and prejudgment interest relating to each the following aspects of the fraud: • MPI: Disgorgement of $669,000, plus prejudgment interest of $49,250 (deemed satisfied by orders of restitution and forfeiture in United States v. Blakstad). • ESI: Disgorgement of $108,683, plus prejudgment interest of $9,488 (jointly and severally with ESI). • Xact: Disgorgement of $806,106, plus prejudgment interest of $24,494 (with $640,901 of this obligation deemed satisfied by the order of forfeiture in United States v. Blakstad, resulting in $189,699 remaining to be paid on this obligation). ESI consented to the entry of a judgment that contains permanent injunctions for the charged antifraud provisions and orders it to pay disgorgement and prejudgment interest jointly and severally with Blakstad as noted above. Xact consented to the entry of a judgment that ordered disgorgement of $750,000, but deemed that obligation satisfied by the return of Xact investors’ respective share of the $750,000, plus accrued interest, previously deposited by a third party in the Court Registry Investment System. Blakstad also was charged and agreed to settle the insider trading charges against him in Securities and Exchange Commission v. Blakstad, et al., Civil Action No. 1:19-cv-06387 (S.D.N.Y., filed July 10, 2019), as described in the litigation release for that case. The litigation was led by Christopher R. Kelly and supervised by Gregory R. Bockin of the SEC’s Philadelphia Regional Office. The SEC’s investigation that led to this action was conducted by Patricia A Paw and Brian R. Higgins, and supervised by Brendan P. McGlynn and Scott A. Thompson, all of the Philadelphia Regional Office.