2015-01-01 SEC Press press_release 63 KB 4,027 chars

SEC: Sports Team Offering Is A Penny Stock Fraud

Release
2015-278
Caption
Securities and Exchange Commission v. Brian D. Vann, et al.
summary

Thomas Anthony Guerriero, CEO of Oxford City Football Club Inc., defrauded over $6.5 million from inexperienced investors by falsely claiming the company owned sports teams, real estate, a radio network, and an online university, while using boiler room tactics, fake recordings, and threats to sell unregistered stock, leading to SEC charges and a court-ordered asset freeze.

paragraph

The SEC charged Thomas Anthony Guerriero and Oxford City Football Club Inc. with securities fraud for raising over $6.5 million from unsuspecting investors through a boiler room scheme that misrepresented the company’s assets and financial prospects. Guerriero falsely claimed Oxford City owned a $100 million real estate portfolio, a profitable radio network, an online university with enrolled students, and multiple sports teams—when in reality, it had only $1 million in assets, no radio station, no university, and two unprofitable lower-division soccer teams in the U.K. The company’s salespeople used aliases, scripted lies, fabricated ‘verbal verification’ recordings, and threats of lawsuits to pressure investors into buying unregistered shares, violating Sections 10(b), 20(b), 5(a), 5(c), and 17(a) of federal securities laws, prompting an asset freeze and ongoing litigation.

narrative

Thomas Anthony Guerriero, CEO of Oxford City Football Club Inc., orchestrated a sophisticated penny stock fraud scheme that raised more than $6.5 million from primarily inexperienced investors by falsely portraying the company as a thriving conglomerate with vast real estate holdings, a profitable radio broadcast network, an online university, and a portfolio of professional sports teams. In reality, Oxford City owned only a minority stake in two low-division English soccer clubs that generated no profit, had no radio station (only purchasing one hour of weekly airtime), never enrolled a single student in its purported online university, and held total assets of just $1 million. Guerriero operated a boiler room using salespeople who employed aliases, scripted deception, and fake ‘verbal verification’ recordings—pressing buttons to simulate recorded commitments—to pressure investors into buying unregistered shares at inflated prices. Investors were misled into believing they were getting a limited-time discount and promised a 50-cent-per-share dividend within a year, despite the company being legally barred from paying dividends and losing millions annually. When investors hesitated or refused to pay, Guerriero threatened them with lawsuits based on the fabricated recordings. The SEC alleges violations of Sections 10(b), 20(b), and Rule 10b-5 of the Securities Exchange Act, as well as Sections 5(a), 5(c), and 17(a) of the Securities Act, and has obtained a court-ordered asset freeze. The investigation, led by SEC staff with support from the FBI and the U.S. Attorney’s Office for the Southern District of Florida, remains ongoing, with litigation to be handled by SEC attorneys Matthew F. Scarlato, John J. Bowers, and Darren E. Long.

Enriched metadata

Scheme
boiler-room (100%)
Court
Southern District of Florida
Victim loss
$238,000,000
Classified boiler-room(confidence 100%). EDGAR detection: forms Form D· recall 50% / precision 4%. detection rule →
Statutes
Parties
brian d. vannbrian o. quinndarren e. longdavid f. millerjohn j. bowersMatthew F. Scarlatooxford city football club inc.scott friestadSecurities and Exchange Commissionthe sec’s ongoing investigationthomas anthony guerriero
Keywords
oxford cityguerrierooxfordcitystocksecpenny stockinvestorsmillionsportspennycompanyrealitysports teamteam offering

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 6
  • $495.00M $495 million $100M–$1B
  • $238.00M $238 million $100M–$1B
  • $100.00M $100 million $100M–$1B
  • $20.00M $20 million $10M–$100M
  • $6.50M $6.5 million $1M–$10M
  • $1.00M $1 million $1M–$10M
Entities 13
  • scheme_term a classic boiler room scheme
  • person brian d. vann
  • person brian o. quinn
  • person darren e. long
  • person david f. miller
  • person john j. bowers
  • person Matthew F. Scarlato
  • company oxford city football club inc.
  • scheme_term pressure tactics and a boiler room of salespeople
  • person scott friestad
  • agency Securities and Exchange Commission
  • agency the sec’s ongoing investigation
  • person thomas anthony guerriero
Triples 24
  • Securities And Exchange Commission announced fraud charges and a court-ordered asset freeze
  • Securities And Exchange Commission alleges Thomas Anthony Guerriero used pressure tactics to raise more than $6.5 million
  • Thomas Anthony Guerriero used pressure tactics and a boiler room of salespeople
  • Thomas Anthony Guerriero raised more than $6.5 million from primarily inexperienced investors
  • Oxford City Football Club Inc. was losing millions of dollars each year
  • Scott Friestad said Guerriero portrayed himself as one of the most powerful and influential CEOs
  • Thomas Anthony Guerriero operated a classic boiler room scheme
  • Thomas Anthony Guerriero sold millions of unregistered shares of stock to investors
  • Thomas Anthony Guerriero purchased leads lists from third parties
  • Thomas Anthony Guerriero crafted scripts for the salespeople
  • Thomas Anthony Guerriero controlled the stock price
  • Thomas Anthony Guerriero threatened investors with lawsuits
  • Oxford City Football Club Inc. was legally prohibited from paying a dividend
  • Oxford City Football Club Inc. had assets of approximately $1 million
  • Securities And Exchange Commission charges Guerriero and Oxford City with violations of Sections 10(b) and 20(b) of Securities Exchange Act of 1934
  • Securities And Exchange Commission charges Guerriero and Oxford City with violations of Rule 10b-5
  • Securities And Exchange Commission charges Guerriero and Oxford City with violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933
  • Darren E. Long conducted the SEC’s ongoing investigation
  • Brian D. Vann conducted the SEC’s ongoing investigation
  • David F. Miller conducted the SEC’s ongoing investigation
  • Brian O. Quinn supervised the SEC’s ongoing investigation
  • Matthew F. Scarlato led the litigation
  • John J. Bowers led the litigation
  • Darren E. Long led the litigation
Text layers
Extracted body text (4,027c)
The Securities and Exchange Commission today announced fraud charges and a court-ordered asset freeze obtained against a Florida-based penny stock company falsely touting itself as “the largest publicly traded diversified portfolio of professional sports teams in the world.” The SEC alleges that Thomas Anthony Guerriero as CEO of Oxford City Football Club Inc. used pressure tactics and a boiler room of salespeople to raise more than $6.5 million from primarily inexperienced investors who were misled to believe that the company was a thriving conglomerate of sports teams, academic institutions, and real estate holdings. But in reality the company was losing millions of dollars each year and turning zero profit from its two lower-division soccer teams in the U.K. “As alleged in our complaint, Guerriero portrayed himself as one of the most powerful and influential CEOs in the history of Wall Street when he’s really a penny stock fraudster mixing lies and verbal threats to line his own pocket with money from unsuspecting investors,” said Scott Friestad, Associate Director of the SEC Enforcement Division. According to the SEC’s complaint filed in U.S. District Court for the Southern District of Florida: Since at least August 2013, Guerriero has operated a classic boiler room scheme under the guise of nominal legitimate businesses through which millions of unregistered shares of stock were sold to investors who were deceived about the stock value and potential profits. Guerriero’s salespeople sold Oxford City stock to the public based on leads lists he purchased from third parties. Guerriero crafted scripts for the salespeople, who used aliases to mask their true identities. Prospective investors were told they were being offered a limited-time deal to purchase Oxford City shares at a deep discount from the publicly quoted price. Unbeknownst to the victims, the stock price was controlled by Guerriero. Guerriero claimed to record phone conversations with potential investors using a “verbal verification system” that supposedly tied the stock “transaction” to their social security number and birthday. In reality, Guerriero and his associates simply pressed any button on their phone to make a sound signaling the fake start of a recording. If investors later refused to pay, Guerriero would threaten them with lawsuits based on their “recorded” verbal commitment. Investors were falsely told that Oxford City would pay a 50-cents-per-share dividend within a year. In reality, the company was losing millions of dollars a year and was legally prohibited from paying a dividend. Oxford City purportedly had real estate holdings worth approximately $100 million and owned a radio broadcast network that projected profits of almost $20 million. Oxford City actually had assets of approximately $1 million and never owned a radio station – it simply purchased one hour of air time per week. Oxford City claimed to own an online university with students already enrolled and projected profits of $495 million for the upcoming five-year period. In reality, there was no such university that ever enrolled a student or had revenue. Oxford City purported it would earn more than $238 million over five years from existing and new sports-related facilities. The truth was that Oxford City owned a minority interest in a lower division English soccer club, which generated a small amount of revenue but never turned a profit. The SEC’s complaint charges Guerriero and Oxford City with violations of Sections 10(b) and 20(b) of Securities Exchange Act of 1934 and Rule 10b-5 as well as Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933. The SEC’s ongoing investigation is being conducted by Darren E. Long, Brian D. Vann, and David F. Miller, and supervised by Brian O. Quinn. The litigation will be led by Matthew F. Scarlato, John J. Bowers, and Mr. Long. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of Florida and the Federal Bureau of Investigation.
OCR text (4,027c · plain-text · 99% conf)
The Securities and Exchange Commission today announced fraud charges and a court-ordered asset freeze obtained against a Florida-based penny stock company falsely touting itself as “the largest publicly traded diversified portfolio of professional sports teams in the world.” The SEC alleges that Thomas Anthony Guerriero as CEO of Oxford City Football Club Inc. used pressure tactics and a boiler room of salespeople to raise more than $6.5 million from primarily inexperienced investors who were misled to believe that the company was a thriving conglomerate of sports teams, academic institutions, and real estate holdings. But in reality the company was losing millions of dollars each year and turning zero profit from its two lower-division soccer teams in the U.K. “As alleged in our complaint, Guerriero portrayed himself as one of the most powerful and influential CEOs in the history of Wall Street when he’s really a penny stock fraudster mixing lies and verbal threats to line his own pocket with money from unsuspecting investors,” said Scott Friestad, Associate Director of the SEC Enforcement Division. According to the SEC’s complaint filed in U.S. District Court for the Southern District of Florida: Since at least August 2013, Guerriero has operated a classic boiler room scheme under the guise of nominal legitimate businesses through which millions of unregistered shares of stock were sold to investors who were deceived about the stock value and potential profits. Guerriero’s salespeople sold Oxford City stock to the public based on leads lists he purchased from third parties. Guerriero crafted scripts for the salespeople, who used aliases to mask their true identities. Prospective investors were told they were being offered a limited-time deal to purchase Oxford City shares at a deep discount from the publicly quoted price. Unbeknownst to the victims, the stock price was controlled by Guerriero. Guerriero claimed to record phone conversations with potential investors using a “verbal verification system” that supposedly tied the stock “transaction” to their social security number and birthday. In reality, Guerriero and his associates simply pressed any button on their phone to make a sound signaling the fake start of a recording. If investors later refused to pay, Guerriero would threaten them with lawsuits based on their “recorded” verbal commitment. Investors were falsely told that Oxford City would pay a 50-cents-per-share dividend within a year. In reality, the company was losing millions of dollars a year and was legally prohibited from paying a dividend. Oxford City purportedly had real estate holdings worth approximately $100 million and owned a radio broadcast network that projected profits of almost $20 million. Oxford City actually had assets of approximately $1 million and never owned a radio station – it simply purchased one hour of air time per week. Oxford City claimed to own an online university with students already enrolled and projected profits of $495 million for the upcoming five-year period. In reality, there was no such university that ever enrolled a student or had revenue. Oxford City purported it would earn more than $238 million over five years from existing and new sports-related facilities. The truth was that Oxford City owned a minority interest in a lower division English soccer club, which generated a small amount of revenue but never turned a profit. The SEC’s complaint charges Guerriero and Oxford City with violations of Sections 10(b) and 20(b) of Securities Exchange Act of 1934 and Rule 10b-5 as well as Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933. The SEC’s ongoing investigation is being conducted by Darren E. Long, Brian D. Vann, and David F. Miller, and supervised by Brian O. Quinn. The litigation will be led by Matthew F. Scarlato, John J. Bowers, and Mr. Long. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of Florida and the Federal Bureau of Investigation.