SEC v. Imran Husain, et al. (shell factories, 2019)
Judgment entered
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In August 2019 the SEC reported a final consent judgment against New Jersey lawyer Gregg E. Jaclin for running a shell factory scheme with Imran Husain, in which sham companies were taken public and sold, and permanently suspended him from practising before the SEC. He must pay $40,473 in disgorgement and interest combined, faces a penny stock bar, and pays no penalty given his anticipated criminal sentence. The case against Husain continued.
The record
| Agency | SEC |
|---|---|
| Release number | LR-24552 |
| Date filed | 2019-08-06 |
| Date resolved | 2019-08-06 |
| Court | U.S. District Court, Central District of California |
| Status | judgment |
| Asset class | equities |
| Criminal parallel | Yes: charged (Jaclin (indicted; sentence anticipated but not stated)), 2017-05-18 |
| Bars imposed | penny stock bar, suspension from SEC practice |
| Defendants | Gregg E. Jaclin ; Imran Husain |
| Cited as charged or alleged | Exchange Act s.10(b) and Rule 10b-5 ; Securities Act s.17(a) ; Securities Act s.5 |
| Techniques | Shell factories |
What was ordered
- Civil penalty
- —
- Disgorgement
- $40.5k
- Prejudgment interest
- —
- Total relief
- $40.5k
- Alleged gain
- —
What is alleged to have happened
The Securities and Exchange Commission announced this judgment on August 6, 2019 as litigation release LR-24552, in SEC v. Husain, et al., civil action 2:16-cv-03250 in the Central District of California. The release concerns the judgment against Gregg E. Jaclin; the litigation against Imran Husain was ongoing (2 individuals, 0 entities). Earlier versions of this record listed "Imran Husain, et al." and did not say that Husain had not resolved his case.
As alleged in the November 2016 amended complaint, Husain and Jaclin created nine shell companies and sold seven using the same pattern: registration statements for initial public offerings that falsely described a business plan and prior sales to private investors and omitted Husain's control, then reports signed by a puppet CEO. The SEC had issued stop orders on the last two companies before they could be sold. A grand jury indicted Jaclin in May 2017.
Without admitting or denying the allegations, Jaclin consented to an injunction under Securities Act Sections 5 and 17(a), Exchange Act Section 10(b) and Rule 10b-5, with aiding and abetting findings, a penny stock bar, and payment of $40,473 as disgorgement and prejudgment interest together; the release does not split the figure. No civil penalty was imposed in light of his anticipated criminal sentence. He also agreed to a permanent suspension from appearing before the SEC.
For the regulator's own account of the facts, read the primary document linked above.
What technique is this, and how does it work?
This action is tagged with one technique in our taxonomy. The tagging is ours: regulators charge statutory provisions, not technique names, so the mapping is an editorial judgement described in our editorial policy.
- Shell factories — see how it works, what statute it engages, and every other action tagged the same way.
Timeline
- 2019-08-06 Litigation release published
Primary documents
Everything on this page derives from the documents below. Where our summary and the primary document disagree, the primary document is right.
Same matter
The library links these 3 records because they appear to concern one matter: the same lead defendant, an overlapping technique tag and close filing dates, or a shared court docket or a release that cites the other. Records are listed by date filed.
| Date filed | Agency | Record | Status |
|---|---|---|---|
| 2016-05-12 | SEC | SEC v. Imran Husain, et al. (shell factories, 2016) | Alleged — pending |
| 2017-05-24 | SEC | SEC v. Imran Husain, et al. (shell factories, 2017) | Alleged — pending |
| 2019-08-06 | SEC | SEC v. Imran Husain, et al. (shell factories, 2019) | Judgment entered |
Related actions
Other actions in the library sharing at least one technique tag with this one.
| Action | Agency | Filed | Technique | Penalty | Status |
|---|---|---|---|---|---|
| SEC v. Tiber Creek Corp. and James M. Cassidy (shell factories, 2019) | SEC | 2019-03-26 | Shell Factories | $75k | judgment |
| SEC v. Delaney Equity Group LLC, David C. Delaney and Ian C. Kass (reverse merger schemes, 2018) | SEC | 2018-08-29 | Reverse Merger Schemes , Shell Factories +1 | — | settled |
| SEC v. Diane J. Harrison, Michael J. Daniels and Catherine A. Bradaick-Zolla (shell factories, 2018) | SEC | 2018-04-30 | Shell Factories , Undisclosed Control Blocks | — | judgment |
| SEC v. Imran Husain, et al. (shell factories, 2017) | SEC | 2017-05-24 | Shell Factories , Undisclosed Control Blocks | — | filed |
| SEC v. Edward F. Panos, et al. (shell factories, 2016) | SEC | 2016-12-20 | Shell Factories , Undisclosed Control Blocks | $1.4m | judgment |
| SEC v. Michael J. Muellerleile, Esq. and M2 Law Professional Corp. (shell factories, 2016) | SEC | 2016-12-16 | Shell Factories , Undisclosed Control Blocks | $70k | settled |