2019-03-26 sec-litreleases litigation_release 68 KB 3,460 chars

SEC v. James K. McKillop; Tiber Creek Corp.; and James M. Cassidy, No. LR-24433, District of Columbia (Mar. 26, 2019) — Press Release

raw: James K. McKillop

James K. McKillop, No. 1:19-cv-852 (D.D.C. Mar. 26, 2019)

Caption
Securities and Exchange Commission v. James K. McKillop
summary

James K. McKillop, a recidivist, settled charges with the SEC for acting as an unregistered broker and failing to file beneficial ownership forms, agreeing to pay $117,000 in disgorgement, $17,697 in interest, and a $75,000 civil penalty.

paragraph

James K. McKillop and Tiber Creek Corp.'s president, James M. Cassidy, were charged by the SEC for acting as unregistered brokers and failing to file required beneficial ownership disclosures for over 100 public shell companies between 2012 and 2019. McKillop agreed to pay $117,000 in disgorgement, $17,697 in interest, and a $75,000 civil penalty. Tiber Creek and Cassidy were ordered to pay the same monetary penalties and face cease-and-desist orders and permanent penny stock bars.

narrative

The Securities and Exchange Commission (SEC) settled charges against James K. McKillop, a recidivist, and Tiber Creek Corp., along with its president James M. Cassidy, for acting as unregistered brokers and failing to file required beneficial ownership disclosures for over 100 public shell companies between 2012 and 2019. McKillop and Cassidy allegedly effected securities transactions through Tiber Creek without broker registration, exploiting shell companies to evade regulatory oversight. McKillop agreed to pay $117,000 in disgorgement, $17,697 in interest, and a $75,000 civil penalty, and accepted a penny stock bar and injunctions against violating Sections 13(d), 15(a), and 16(a) of the Exchange Act. Tiber Creek and Cassidy were ordered to pay the same monetary penalties, face cease-and-desist orders, permanent penny stock bars, and Cassidy was permanently suspended from practicing before the SEC as an attorney. The SEC's enforcement action targeted a long-standing scheme to profit from unregistered broker-dealer activities and repeated disclosure violations involving shell companies. McKillop also agreed to comply with a prior 2000 cease-and-desist order. The case underscores the SEC's enforcement focus on unregistered brokers and the importance of regulatory oversight in the securities industry.

Enriched metadata

Scheme
unregistered-securities (99%)
Court
District of Columbia
Case No.
1:19-cv-852
Outcome
settled
Disgorgement
$117,000
Civil penalty
$75,000
Entity
James K. McKillop
Classified unregistered-securities(confidence 99%). EDGAR detection: forms Form D/S-1· recall 41% / precision 30%. detection rule →
Parties
Securities and Exchange CommissionJames K. McKillopTiber Creek Corp.James M. Cassidy
Keywords
tiber creekmckillopcassidysecjames mckilloptiberorderpublic shellbeneficial ownershipcreekjamesexchangemarch securitiessecurities exchangeexchange commission

Exhibits & Attached Documents (3)

Extracted insights

Dollar amounts 6
  • $117K $117,000 $100K–$1M
  • $117K $117,000 $100K–$1M
  • $75K $75,000 $10K–$100K
  • $75K $75,000 $10K–$100K
  • $18K $17,697 $10K–$100K
  • $18K $17,697 $10K–$100K
Entities 4
  • person james k. mckillop
  • agency Securities and Exchange Commission
  • organization Securities and Exchange Commission
  • person unregistered broker
Triples 14
  • James K. McKillop acted as an unregistered broker
  • James K. McKillop failed to timely file required beneficial ownership forms
  • Securities and Exchange Commission filed charges against James K. McKillop
  • Securities and Exchange Commission filed settled charges James K. McKillop for acting as an unregistered broker and for failing to timely file required beneficial ownership forms in connection with his position at Tiber Creek Corp.
  • Securities and Exchange Commission filed settled charges against James K. McKillop
  • James K. McKillop acted as unregistered broker
  • James K. McKillop failed to file beneficial ownership forms
  • James K. McKillop held position at Tiber Creek Corp
  • Securities and Exchange Commission filed Securities and Exchange Commission v. James K. McKillop
  • SEC settles with unregistered public shell company broker
  • Securities and Exchange Commission filed settled charges against James K. McKillop
  • James K. McKillop acted as unregistered broker
  • James K. McKillop failed to file required beneficial ownership forms
  • James K. McKillop held position at Tiber Creek Corp
PDF (from attached: complaint)
Text layers
Extracted body text (3,460c)
SEC Settles with Unregistered Public Shell Company Broker Litigation Release No. 24433 / March 26, 2019 Securities and Exchange Commission v. James K. McKillop, No. 1:19-cv-852 (D.D.C. filed March 26, 2019) Securities and Exchange Commission v. James K. McKillop, No. 1:19-mc-43 (D.D.C. filed March 26, 2019) The Securities and Exchange Commission today filed settled charges against recidivist James K. McKillop for acting as an unregistered broker and for failing to timely file required beneficial ownership forms in connection with his position at Tiber Creek Corp. The SEC also separately filed related settled administrative charges against Tiber Creek and Tiber Creek's president, James M. Cassidy. According to the SEC's complaint and the SEC's order, Tiber Creek maintained an inventory of SEC-registered public shell companies, for which McKillop and Cassidy served as the officers, directors, and fifty percent shareholders. The SEC alleges that since July 2012, McKillop and Cassidy effected securities transactions through Tiber Creek for more than 100 public shell companies without being registered as brokers. The complaint also alleges that on more than 110 occasions, McKillop and Cassidy failed to timely file required beneficial ownership reports, including Schedules 13G and Forms 4, in connection with the public shell companies. Without admitting or denying the allegations in the complaint, McKillop has consented to the entry of a final judgment permanently enjoining him from violating the reporting, registration, and beneficial ownership disclosure provisions of Sections 13(d), 15(a), and 16(a) of the Exchange Act, and Rules 13d-1, 16a-2, and 16a-3 thereunder, ordering him to pay disgorgement of $117,000, plus interest of $17,697, and a civil penalty of $75,000, and imposing a penny stock bar. Based on the allegations in the complaint, the SEC also filed an application seeking to enforce an administrative cease-and-desist order instituted against McKillop in 2000. Without admitting or denying the allegations in the application, McKillop has also consented to a district court order requiring him to comply with the cease-and-desist order. Without admitting or denying the findings, Tiber Creek and Cassidy consented to the entry of the SEC's order, which finds that Tiber Creek and Cassidy violated the registration provisions of Section 15(a) of the Exchange Act, and that Cassidy violated the reporting and beneficial ownership disclosure provisions of Section 13(d) and Section 16(a) of the Exchange Act, and Rules 13d-1, 16a-2, and 16a-3 thereunder. The SEC's order requires Tiber Creek and Cassidy to pay, jointly and severally, $117,000 in disgorgement, $17,697 in prejudgment interest, and $75,000 in civil penalties, and imposes cease and desist orders, and associational and permanent penny stock bars. Cassidy also agreed to be permanently suspended from appearing and practicing before the SEC as an attorney. The order prohibits Cassidy from representing clients in SEC matters, including investigations, litigation, or examinations, and from advising clients about SEC filing obligations or content. The SEC's continuing investigation is being conducted by Matt Reilly and supervised by Kevin Guerrero and Antonia Chion. The SEC encourages investors to check the background of anyone selling or offering them an investment using the free and simple search tool on Investor.gov. SEC Complaint Application Order
OCR text (3,460c · html-text · 99% conf)
SEC Settles with Unregistered Public Shell Company Broker Litigation Release No. 24433 / March 26, 2019 Securities and Exchange Commission v. James K. McKillop, No. 1:19-cv-852 (D.D.C. filed March 26, 2019) Securities and Exchange Commission v. James K. McKillop, No. 1:19-mc-43 (D.D.C. filed March 26, 2019) The Securities and Exchange Commission today filed settled charges against recidivist James K. McKillop for acting as an unregistered broker and for failing to timely file required beneficial ownership forms in connection with his position at Tiber Creek Corp. The SEC also separately filed related settled administrative charges against Tiber Creek and Tiber Creek's president, James M. Cassidy. According to the SEC's complaint and the SEC's order, Tiber Creek maintained an inventory of SEC-registered public shell companies, for which McKillop and Cassidy served as the officers, directors, and fifty percent shareholders. The SEC alleges that since July 2012, McKillop and Cassidy effected securities transactions through Tiber Creek for more than 100 public shell companies without being registered as brokers. The complaint also alleges that on more than 110 occasions, McKillop and Cassidy failed to timely file required beneficial ownership reports, including Schedules 13G and Forms 4, in connection with the public shell companies. Without admitting or denying the allegations in the complaint, McKillop has consented to the entry of a final judgment permanently enjoining him from violating the reporting, registration, and beneficial ownership disclosure provisions of Sections 13(d), 15(a), and 16(a) of the Exchange Act, and Rules 13d-1, 16a-2, and 16a-3 thereunder, ordering him to pay disgorgement of $117,000, plus interest of $17,697, and a civil penalty of $75,000, and imposing a penny stock bar. Based on the allegations in the complaint, the SEC also filed an application seeking to enforce an administrative cease-and-desist order instituted against McKillop in 2000. Without admitting or denying the allegations in the application, McKillop has also consented to a district court order requiring him to comply with the cease-and-desist order. Without admitting or denying the findings, Tiber Creek and Cassidy consented to the entry of the SEC's order, which finds that Tiber Creek and Cassidy violated the registration provisions of Section 15(a) of the Exchange Act, and that Cassidy violated the reporting and beneficial ownership disclosure provisions of Section 13(d) and Section 16(a) of the Exchange Act, and Rules 13d-1, 16a-2, and 16a-3 thereunder. The SEC's order requires Tiber Creek and Cassidy to pay, jointly and severally, $117,000 in disgorgement, $17,697 in prejudgment interest, and $75,000 in civil penalties, and imposes cease and desist orders, and associational and permanent penny stock bars. Cassidy also agreed to be permanently suspended from appearing and practicing before the SEC as an attorney. The order prohibits Cassidy from representing clients in SEC matters, including investigations, litigation, or examinations, and from advising clients about SEC filing obligations or content. The SEC's continuing investigation is being conducted by Matt Reilly and supervised by Kevin Guerrero and Antonia Chion. The SEC encourages investors to check the background of anyone selling or offering them an investment using the free and simple search tool on Investor.gov. SEC Complaint Application Order