Securities and Exchange Commission

Litigation Release No. 18585 / February 23, 2004

Securities and Exchange Commission v. David M. Wolfson et al.,
Docket No. 2:03CV00914DAK (USDC, D.Ut.)

The Securities and Exhange Commission, on February 18, 2004, filed Motions for Contempt Against Gino Carlucci ("Carlucci") and David M. Wolfson ("Wolfson"), alleging that Carlucci and Wolfson violated an October 16, 2003, order issued by the United States District Court for the District of Utah freezing the assets of certain defendants in S.E.C. v. . David M. Wolfson et al.

In October 2003 the Commission filed a Complaint against twenty-one individuals and entities involved in a scheme to sell securities in five United States-based microcap issuers to hundreds of investors located primarily in the United Kingdom, Australia and New Zealand through a boiler room located in Vientiane, Laos. In that action, the Commission obtained an order which, among other things, froze the assets of a number of defendants including Carlucci and Wolfson. The contempt motion against Carlucci alleges that in violation of the October16, 2003, order, Carlucci transferred monies from accounts subject to the asset freeze order and wrongfully obtained $49,322.00 in relief from the asset freeze. The contempt motion against Wolfson alleges that in violation of the October16, 2003, order, Wolson transferred monies from accounts subject to the asset freeze, transferred both real and personal property subject to the asset freeze, and wrongfully obtained $13,458.15 in relief from the asset freeze.

The Commission is seeking that Carlucci be held in contempt of the court's order, and is requesting that Carlucci be ordered to repay the funds transferred in violation of the court's asset freeze order, repay the funds Carlucci wrongfully obtained in relief from the asset freeze order and provide a sworn accounting.

The Commission is seeking that Wolfson be held in contempt of the court's order, and is requesting that Wolfson be ordered to repay the funds transferred in violation of the court's asset freeze order, take all necessary actions to restore all properties transferred in violation of the court's asset freeze order, repay the funds Wolfson wrongfully obtained in relief from the asset freeze and provide a sworn accounting.