2017-01-01 SEC Press press_release 63 KB 3,766 chars

SEC Charges Florida Penny Stock Operators With Defrauding Elderly Investors in Push to Crack Down on Repeat Offenders

Release
2017-218
Caption
Securities and Exchange Commission v. Christine Nestor, et al.
summary

Joseph A. Rubbo and Angela Beckcom Rubbo Monaco defrauded at least 11 elderly investors of $5.4 million by falsely promising to develop a 'Spongebuddy' product and secure media partnerships, instead misappropriating over $2.6 million for personal and family expenses, leading to SEC charges and parallel criminal prosecution.

paragraph

The SEC charged Joseph A. Rubbo and Angela Beckcom Rubbo Monaco with violating antifraud provisions of federal securities laws by raising $5.4 million from 11 primarily elderly investors through fraudulent penny stock offerings tied to VIP TV LLC and The Spongebuddy LLC. The pair, both repeat offenders with prior securities violations, misappropriated over $2.6 million to fund personal expenses—including luxury vehicles, credit card bills, and construction work—and paid undisclosed commissions to unregistered promoter Steven J. Dykes, who made false claims about partnerships with Starz, QVC, and Shark Tank. The SEC also charged Dykes with operating as an unregistered broker-dealer and sought disgorgement, penalties, and permanent injunctions, while the U.S. Attorney’s Office filed parallel criminal charges against all three.

narrative

The SEC charged Joseph A. Rubbo and Angela Beckcom Rubbo Monaco with defrauding at least 11 elderly investors out of $5.4 million through fraudulent penny stock offerings tied to their companies VIP TV LLC and The Spongebuddy LLC, falsely claiming the funds would develop a sponge-like glove product and secure major media partnerships with Starz, QVC, and Shark Tank. In reality, Rubbo and Monaco misappropriated more than $2.6 million of investor funds to pay themselves, their relatives, and undisclosed commissions to unregistered promoter Steven J. Dykes, who conducted cold calls with these fabrications. The defendants used investor money for personal expenses including a luxury vehicle down payment, credit card bills, and unrelated construction work, as well as to finance a business operation for a Monaco family member. Both Rubbo and Monaco are repeat offenders: Rubbo has prior criminal convictions and both have prior SEC injunctions, making them targets of the Miami Regional Office’s Recidivist Initiative, which has already resulted in 23 enforcement actions. The SEC also charged Dykes with violating broker-dealer registration requirements and accused Rubbo and Monaco of aiding and abetting his unregistered activity. Parallel criminal charges were filed by the U.S. Attorney’s Office for the District of Colorado against Rubbo, Monaco, Dykes, and others. The SEC is seeking disgorgement of ill-gotten gains with interest, monetary penalties, permanent injunctions, and other relief, while emphasizing the importance of investors checking registration status via Investor.gov.

Enriched metadata

Scheme
pump-and-dump (95%)
Court
Southern District of Florida
Victim loss
$2,600,000
Classified pump-and-dump(confidence 95%). EDGAR detection: forms S-8/S-1/424B/8-K· recall 69% / precision 12%. detection rule →
Statutes
15 U.S.C. § 78j(b)17 C.F.R. § 240.10b-5
Parties
christine nestorJason R. Berkowitzsec investigationsec litigationSecurities and Exchange Commission
Keywords
rubbo monacosecrubbomonacoinvestorselderly investorsdykesfloridavippenny stockdefrauding elderlyrepeat offendersmiami regionalagainst rubboelderly

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 2
  • $5.40M $5.4 million $1M–$10M
  • $2.60M $2.6 million $1M–$10M
Entities 5
  • person christine nestor
  • person Jason R. Berkowitz
  • agency sec investigation
  • agency sec litigation
  • agency Securities and Exchange Commission
Triples 9
  • Securities and Exchange Commission Charged Joseph A. Rubbo and Angela Beckcom Rubbo Monaco with defrauding investors
  • Rubbo and Monaco Raised At least $5.4 million from 11 primarily elderly investors
  • Rubbo and Monaco Misappropriated More than $2.6 million in investor funds
  • U.S. Attorney’s Office for the District of Colorado Filed Criminal charges against Rubbo, Monaco, Steven J. Dykes and others
  • Dykes Told Investor that Starz cable channel and Pandora Radio were interested in buying VIP
  • SEC Is seeking Return of defendants’ allegedly ill‑gotten gains with interest, monetary penalties, permanent injunction and other relief
  • Linda S. Schmidt and Lina M. Fernandez Are conducting SEC investigation
  • Jason R. Berkowitz Is supervising The case
  • Christine Nestor Is leading SEC litigation
Text layers
Extracted body text (3,766c)
The Securities and Exchange Commission today charged two individuals with defrauding elderly investors in a penny stock scheme involving Florida entertainment companies and their “Spongebuddy” product. The charges are part of the Miami Regional Office’s Recidivist Initiative which has thus far resulted in enforcement actions against 23 individuals, nine of whom also have been charged by criminal authorities. The SEC’s complaint, filed in U.S. District Court for the Southern District of Florida, charges Joseph A. Rubbo and Angela Beckcom Rubbo Monaco, both of Coral Springs, Florida, with defrauding investors through offerings by their companies VIP TV LLC, VIP Television Inc., and The Spongebuddy LLC. Rubbo and Monaco are repeat offenders whose prior securities schemes resulted in criminal convictions against Rubbo and SEC injunctions against both Rubbo and Monaco. The U.S. Attorney’s Office for the District of Colorado has filed parallel criminal charges against Rubbo, Monaco, Steven J. Dykes, and others relating to the scheme. According to the SEC’s complaint, Rubbo and Monaco raised at least $5.4 million from 11 primarily elderly investors to fund the growth of their entertainment business and develop the Spongebuddy, a sponge-like glove purportedly to be sold in stores. The SEC’s complaint alleges that Rubbo and Monaco controlled the companies and hired Dykes to cold call investors and pitch investments in VIP. For example, Dykes allegedly told an investor that the Starz cable channel and Pandora Radio were both interested in buying VIP and would “roll-up” VIP into these entities. The investor also was allegedly told that the Spongebuddy would be featured on the television show “Shark Tank” and marketed on QVC. Contrary to alleged representations that investor money would be used to benefit the VIP companies, Rubbo and Monaco misappropriated more than $2.6 million in investor funds to pay themselves and their relatives as well as undisclosed sales commissions to Dykes. The complaint also alleges they paid for personal expenses such as the down payment on a luxury vehicle, credit card bills, unrelated construction work and to finance a business operation for a Monaco family member. “As alleged in our complaint, Rubbo and Monaco defrauded investors by stealing millions of dollars from elderly investors which they spent on themselves and their family members instead of investing in their businesses,” said Steven Peikin, Co-Director of the SEC’s Enforcement Division. “Both Rubbo and Monaco were caught through the efforts of the Miami Regional Office’s Recidivist Initiative, which is part of our ongoing focus to rid the markets of repeat securities law violators.” During the time of the alleged scheme, neither Rubbo, Monaco, nor Dykes were registered with the Commission. The SEC encourages all investors to check the background of people selling investments by using the search tool on Investor.gov to quickly identify whether the sellers are registered professionals. The SEC’s complaint charges Rubbo and Monaco with violating the antifraud provisions of the federal securities laws. The SEC also charged Dykes with violating the broker-dealer registration provisions, and Rubbo and Monaco with aiding and abetting violations by Dykes. The SEC is seeking the return of the defendants’ allegedly ill-gotten gains with interest, monetary penalties, a permanent injunction, and other relief. The SEC’s investigation, which is continuing, is being conducted by Linda S. Schmidt and Lina M. Fernandez in the Miami Regional Office. The case is being supervised by Jason R. Berkowitz and the SEC’s litigation is being led by Christine Nestor. The SEC appreciates the assistance of Florida’s Office of Financial Regulation.
OCR text (3,766c · plain-text · 99% conf)
The Securities and Exchange Commission today charged two individuals with defrauding elderly investors in a penny stock scheme involving Florida entertainment companies and their “Spongebuddy” product. The charges are part of the Miami Regional Office’s Recidivist Initiative which has thus far resulted in enforcement actions against 23 individuals, nine of whom also have been charged by criminal authorities. The SEC’s complaint, filed in U.S. District Court for the Southern District of Florida, charges Joseph A. Rubbo and Angela Beckcom Rubbo Monaco, both of Coral Springs, Florida, with defrauding investors through offerings by their companies VIP TV LLC, VIP Television Inc., and The Spongebuddy LLC. Rubbo and Monaco are repeat offenders whose prior securities schemes resulted in criminal convictions against Rubbo and SEC injunctions against both Rubbo and Monaco. The U.S. Attorney’s Office for the District of Colorado has filed parallel criminal charges against Rubbo, Monaco, Steven J. Dykes, and others relating to the scheme. According to the SEC’s complaint, Rubbo and Monaco raised at least $5.4 million from 11 primarily elderly investors to fund the growth of their entertainment business and develop the Spongebuddy, a sponge-like glove purportedly to be sold in stores. The SEC’s complaint alleges that Rubbo and Monaco controlled the companies and hired Dykes to cold call investors and pitch investments in VIP. For example, Dykes allegedly told an investor that the Starz cable channel and Pandora Radio were both interested in buying VIP and would “roll-up” VIP into these entities. The investor also was allegedly told that the Spongebuddy would be featured on the television show “Shark Tank” and marketed on QVC. Contrary to alleged representations that investor money would be used to benefit the VIP companies, Rubbo and Monaco misappropriated more than $2.6 million in investor funds to pay themselves and their relatives as well as undisclosed sales commissions to Dykes. The complaint also alleges they paid for personal expenses such as the down payment on a luxury vehicle, credit card bills, unrelated construction work and to finance a business operation for a Monaco family member. “As alleged in our complaint, Rubbo and Monaco defrauded investors by stealing millions of dollars from elderly investors which they spent on themselves and their family members instead of investing in their businesses,” said Steven Peikin, Co-Director of the SEC’s Enforcement Division. “Both Rubbo and Monaco were caught through the efforts of the Miami Regional Office’s Recidivist Initiative, which is part of our ongoing focus to rid the markets of repeat securities law violators.” During the time of the alleged scheme, neither Rubbo, Monaco, nor Dykes were registered with the Commission. The SEC encourages all investors to check the background of people selling investments by using the search tool on Investor.gov to quickly identify whether the sellers are registered professionals. The SEC’s complaint charges Rubbo and Monaco with violating the antifraud provisions of the federal securities laws. The SEC also charged Dykes with violating the broker-dealer registration provisions, and Rubbo and Monaco with aiding and abetting violations by Dykes. The SEC is seeking the return of the defendants’ allegedly ill-gotten gains with interest, monetary penalties, a permanent injunction, and other relief. The SEC’s investigation, which is continuing, is being conducted by Linda S. Schmidt and Lina M. Fernandez in the Miami Regional Office. The case is being supervised by Jason R. Berkowitz and the SEC’s litigation is being led by Christine Nestor. The SEC appreciates the assistance of Florida’s Office of Financial Regulation.