SEC v. Brian Kistler; and New Opportunity Business Solutions, Inc. a/k/a NOBS, No. LR-25594, Southern District of New York (Dec. 19, 2022) — Press Release
raw: Brian Kistler and New Opportunity Business Solutions, Inc. a/k/a NOBS
Brian Kistler and New Opportunity Business Solutions, Inc. a/k/a NOBS, No. 1:22-cv-10657 (S.D.N.Y. Dec. 19, 2022)
The SEC charged Brian Kistler and his entity NOBS for a fraudulent scheme to manipulate Williamsville Sears Management, Inc. stock, seeking permanent injunctions and industry bars.
The SEC alleges that between February and July 2018, Kistler and NOBS manipulated the stock of Williamsville Sears Management, Inc. through false statements and deceptive trading. The scheme resulted in Kistler receiving $32,500 for manipulative purchases and $50,000 for brokering a sale, while NOBS received 100 million shares. The defendants face charges for violations of the Securities Act of 1933 and the Exchange Act of 1934.
The SEC has filed charges against Brian Kistler and his alter-ego entity, New Opportunity Business Solutions, Inc. (NOBS), for orchestrating a fraudulent penny stock scheme. Between February and July 2018, the defendants allegedly took control of the dormant shell company Williamsville Sears Management, Inc. to artificially inflate its share value. Kistler reportedly made false statements to regulators, including FINRA and OTC Markets Group, and engaged in manipulative purchases to create fake market activity. Through this scheme, Kistler received $32,500 for manipulative trading and $50,000 for brokering the company's sale, while NOBS obtained 100 million shares. The SEC is seeking permanent injunctive relief, disgorgement with interest, and civil penalties. Additionally, the commission is pursuing a penny stock bar against both defendants and an officer and director bar against Kistler.
Exhibits & Attached Documents (1)
Extracted insights
- $50K $50,000 $10K–$100K
- $33K $32,500 $10K–$100K
- agency assistance of finra
- person kistler through nobs
- agency otc markets group, finra, and williamsville's transfer agent
- person preethi krishnamurthy
- agency sec complaint
- agency sec investigation
- agency Securities and Exchange Commission
- person sheldon l. pollock
- person williamsville stock
- Securities And Exchange Commission filed charges against Brian Kistler and New Opportunity Business Solutions Inc (Nobs)
- Kistler and Nobs engaged in fraudulent scheme to take control of Williamsville
- Kistler made false and misleading statements to OTC Markets Group, FINRA, and Williamsville's transfer agent
- Kistler made false and misleading statements to public through Williamsville's public filings
- Kistler engaged in manipulative purchases of Williamsville stock
- Kistler through Nobs received $50,000 for brokering the sale of Williamsville
- Nobs received 100 million Williamsville shares
- Kistler received $32,500 to engage in manipulative purchases of Williamsville's stock
- SEC Complaint charges Kistler and Nobs with violations of securities laws
- Complaint charges Kistler with violation of anti-manipulation provisions of Exchange Act
- Complaint seeks permanent injunctive relief, disgorgement, prejudgment interest, and civil penalties
- SEC seeks penny stock bar against both Defendants and officer and director bar against Kistler
- SEC Investigation was conducted by Laura Yeu, Kristine Zaleskas, Ricky Tong, Judith a. Weinstock, and Michael Paley
- Case is being supervised by Sheldon L. Pollock
- Litigation will be handled by Ms. Zaleskas
- Litigation will be supervised by Preethi Krishnamurthy
- SEC appreciates assistance of FINRA
SEC Charges Undisclosed Control Person and His Alter-Ego Entity in Penny Stock Scheme Litigation Release No. 25594 / December 19, 2022 Securities and Exchange Commission v. Brian Kistler and New Opportunity Business Solutions, Inc. a/k/a NOBS, No. 1:22-cv-10657 (S.D.N.Y. filed December 16, 2022) The Securities and Exchange Commission filed charges against Brian Kistler and New Opportunity Business Solutions, Inc. a/k/a NOBS in connection with a fraudulent scheme involving the securities of Williamsville Sears Management, Inc. ("Williamsville"). The SEC alleges that between approximately February 2018 and July 2018, Kistler and his alter-ego entity, NOBS, engaged in a fraudulent scheme to take control of Williamsville, a dormant microcap shell company, and deceitfully pump up the purported value of the company and its shares in order to "flip" the company and/or its shares for a profit. According to the complaint, to carry out the scheme, Kistler made false and misleading statements to OTC Markets Group, the Financial Industry Regulatory Authority ("FINRA"), and Williamsville's transfer agent. Kistler also allegedly made false and misleading statements to the public through Williamsville's public filings. In addition, according to the complaint, Kistler engaged in manipulative purchases of Williamsville stock in order to give the appearance of bona fide market activity in the stock. As alleged in the complaint, Kistler and NOBS benefited from this scheme. Specifically, Kistler, through NOBS, received $50,000 for brokering the sale of Williamsville, and NOBS received 100 million Williamsville shares. Kistler also received $32,500 to engage in manipulative purchases of Williamsville's stock. The SEC's complaint, filed in the U.S. District Court for the Southern District of New York, charges Kistler and NOBS with violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rules 10b-5(a) and (c) thereunder. The complaint also charges Kistler with a violation of the anti-manipulation provisions of the Exchange Act under Section 9(a)(2). The complaint seeks permanent injunctive relief, disgorgement, with prejudgment interest, and civil penalties. The SEC also seeks a penny stock bar against both Defendants and an officer and director bar against Kistler. The SEC's investigation was conducted by Laura Yeu, Kristine Zaleskas, Ricky Tong, Judith A. Weinstock, and Michael Paley, of the New York Regional Office. The case is being supervised by Sheldon L. Pollock. The litigation will be handled by Ms. Zaleskas and supervised by Preethi Krishnamurthy. The SEC appreciates the assistance of FINRA. SEC ComplaintSEC Charges Undisclosed Control Person and His Alter-Ego Entity in Penny Stock Scheme Litigation Release No. 25594 / December 19, 2022 Securities and Exchange Commission v. Brian Kistler and New Opportunity Business Solutions, Inc. a/k/a NOBS, No. 1:22-cv-10657 (S.D.N.Y. filed December 16, 2022) The Securities and Exchange Commission filed charges against Brian Kistler and New Opportunity Business Solutions, Inc. a/k/a NOBS in connection with a fraudulent scheme involving the securities of Williamsville Sears Management, Inc. ("Williamsville"). The SEC alleges that between approximately February 2018 and July 2018, Kistler and his alter-ego entity, NOBS, engaged in a fraudulent scheme to take control of Williamsville, a dormant microcap shell company, and deceitfully pump up the purported value of the company and its shares in order to "flip" the company and/or its shares for a profit. According to the complaint, to carry out the scheme, Kistler made false and misleading statements to OTC Markets Group, the Financial Industry Regulatory Authority ("FINRA"), and Williamsville's transfer agent. Kistler also allegedly made false and misleading statements to the public through Williamsville's public filings. In addition, according to the complaint, Kistler engaged in manipulative purchases of Williamsville stock in order to give the appearance of bona fide market activity in the stock. As alleged in the complaint, Kistler and NOBS benefited from this scheme. Specifically, Kistler, through NOBS, received $50,000 for brokering the sale of Williamsville, and NOBS received 100 million Williamsville shares. Kistler also received $32,500 to engage in manipulative purchases of Williamsville's stock. The SEC's complaint, filed in the U.S. District Court for the Southern District of New York, charges Kistler and NOBS with violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rules 10b-5(a) and (c) thereunder. The complaint also charges Kistler with a violation of the anti-manipulation provisions of the Exchange Act under Section 9(a)(2). The complaint seeks permanent injunctive relief, disgorgement, with prejudgment interest, and civil penalties. The SEC also seeks a penny stock bar against both Defendants and an officer and director bar against Kistler. The SEC's investigation was conducted by Laura Yeu, Kristine Zaleskas, Ricky Tong, Judith A. Weinstock, and Michael Paley, of the New York Regional Office. The case is being supervised by Sheldon L. Pollock. The litigation will be handled by Ms. Zaleskas and supervised by Preethi Krishnamurthy. The SEC appreciates the assistance of FINRA. SEC Complaint