SEC Obtains Final Judgments Against Michael M. Beck And Helen P. Robinson For A Penny Stock Fraud
Author: Destiny Aigbe
May 14, 2024
On April 17, 2024, final judgments were secured by the Securities and Exchange Commission against Michael M. Beck, who was accused by the SEC of an alleged penny stock fraud, and his mother, Helen Robinson, who was named as a relief defendant.
Case Summary
From February 2017 to May 2019, Defendant Michael M. Beck, also known as @BigMoneyMike6, utilized his Twitter account with up to 3 million followers to promote the purchase of eight microcap stocks. He did this without revealing that he intended to sell, or was actively selling, his personal holdings in these stocks—a tactic known as "scalping."
Beck's scalping operation followed a specific pattern. Initially, Beck, either directly or through his proxy (his mother, Relief Defendant Helen P. Robinson), acquired a substantial amount of a penny stock. He then teased a forthcoming stock recommendation, or "alert," on Twitter and to his email group, TeamBillionaire, urging them to purchase the stock prior to the public announcement. Sometimes, he even paid third parties to post positive reviews about the stock on investor forums in advance of his public endorsement.
After acquiring the shares, Beck would issue recommendations to his vast Twitter audience and the public to buy the stock, all while concealing his ongoing or planned sales of those very stocks.
As the promoted stocks’ prices and trading volumes rose, Beck sold his shares in the inflated market, ultimately profiting approximately $870,000.
Beck’s actions breached the antifraud provisions of Section 10(b) of the Exchange Act and Rule 10b-5, as well as the antifraud provisions of Section 17(a) of the Securities Act.
The SEC is pursuing permanent injunctions to prevent future violations of the Exchange Act Section 10(b) and Rule 10b-5, as well as the Securities Act Section 17(a). They are also seeking an order for Beck and Robinson to return their wrongful profits with interest, impose civil penalties on Beck, and enforce a penny stock bar against him.
Defendants And Relief Defendant
1. MICHAEL M. BECK
Michael M. Beck ("Beck") lives in San Pedro, California. During the relevant time frame, he operated under the Twitter handle "@BigMoneyMike6" and established the email group TeamBillionaire.
Between 2017 and 2019, Beck maintained at least one brokerage account at a financial institution where he engaged in stock trading.
Throughout this period, Beck utilized several email addresses for his activities: bigmoneymike6@gmail.com, pennystockcult@gmail.com, cryptopennystock@gmail.com, and godzillaprofits@gmail.com.
2. HELEN P. ROBINSON
Helen P. Robinson ("Robinson"), residing in San Pedro, California, is the mother of Beck.
Robinson held at least five brokerage accounts across five different financial institutions, where she and/or Beck conducted stock trading from 2017 to 2019.
Robinson permitted Beck to utilize her accounts for trading stocks.
Related Entities
1. PICK-UPS PLUS, INC.
Pick-Ups Plus, Inc. ("Pick-Ups"), was a Delaware corporation, formerly based in Newport Beach, California. It focused on selling and installing sports utility vehicle accessories. The company ceased its common stock registration under Section 12(g) of the Exchange Act on June 18, 2018, and had its stock previously quoted on the OTC Link (formerly "Pink Sheets") under the ticker "PUPS." It is currently listed on the Expert Market of the OTC Markets Group, where stock quotes are unsolicited and limited to market professionals.
2. MK AUTOMOTIVE, INC.
MK Automotive, Inc., a Nevada corporation, provided retail and commercial automotive diagnostic, maintenance, and repair services. It traded under the ticker "MKAU" on OTC Link until July 2017, after which it was renamed Clikia Corp., trading under the ticker "CLKA." From December 15, 2017, to September 10, 2020, it qualified for a Tier 1 offering under Regulation A six times. The company was later renamed Maison Luxe, Inc., and has been quoted under the ticker "MASN" on OTC Link since April 2021.
3. ZANN CORP.
Zann Corp. ("Zann"), based in Las Vegas, Nevada, is a non-reporting company in its formative stage, exploring various business avenues including blockchain, information technology, and transportation logistics. Initially quoted under the ticker "ZNNC" on OTC Link, it is now listed on the Expert Market.
4. VIDAROO CORP.
Vidaroo Corp. ("Vidaroo"), a defunct Nevada corporation formerly based in Orlando, Florida, focused on video streaming and software distribution but ceased operations. Its common stock remains registered under Section 12(g) of the Exchange Act, although it has not been filed since March 17, 2014. Originally quoted under "VIDA," its stock is now on the Expert Market.
5. CANADIAN AEROSPACE GROUP INTERNATIONAL, INC.
Canadian Aerospace Group International, Inc. ("CASG"), a defunct Florida corporation based in Herriman, Utah, developed aviation products and services. It was declared inactive by the Florida Secretary of State on September 23, 2016, due to failure to file necessary documents. Following a trading suspension by the SEC on May 10, 2019, its stock is now quoted on the Expert Market.
6. MUSIC FOR YOUR LIFE
Music for Your Life, headquartered in Las Vegas, Nevada, operates a network of radio stations. Initially traded under "MYLY," it underwent a name change to Music for Your Life Inc. and now trades under "TMGI" on the Expert Market. Although it voluntarily files with the SEC, it declared an inability to file its Form 10-K on August 31, 2021.
7. PEOPLESWAY.COM, INC.
Peoplesway.com, Inc. ("Peoplesway"), a defunct Nevada corporation previously located in North Carolina, was a multi-level marketing company focused on wellness products. After revoking its corporate status in 2014, it filed a Form 15-12G with the SEC on October 20, 2005, to terminate its common stock registration. Its stock is currently quoted on the Expert Market under "PLWY."
8. UNITED CONSORTIUM LTD.
United Consortium Ltd. ("UCSO"), a defunct Nevada corporation formerly based in Tampa, Florida, claimed to operate in four sectors: legal digital services, blockchain, palm oil, and cannabinoids. Its corporate status was revoked in 2019. It is a non-reporting company, with its stock currently quoted on the Expert Market under "UCSO."
The eight companies involved in Beck's scalping activity (Pick-Ups, MK Automotive, Zann, Vidaroo, CASG, Marquie, Peoplesway, and UCSO) are collectively referred to as the "Issuers."
These issuers' securities, known as "microcap stocks" or "penny stocks," are typically traded on OTC Link, often at very low prices, ranging from pennies to fractions of a penny per share.
The Allegations
A. OVERVIEW OF BECK’S SCALPING SCHEME
As detailed below, Beck is accused of executing a deceitful scheme by promoting and manipulating penny stocks through his Twitter account under the username @BigMoneyMike6. He urged investors to buy certain stocks while secretly selling his own shares of the same stocks at inflated prices created by his promotional tweets.
From 2017 to 2019, Beck operated the Twitter account @BigMoneyMike6. During this period, @BigMoneyMike6 amassed up to 3 million followers. Additionally, Beck was the founder of the email group, TeamBillionaire.
Beck used his Twitter platform to recruit followers into TeamBillionaire.
(a) For instance, on September 13, 2017, Beck tweeted, “GOT #PENNYSTOCKS? WANNA TURN A $5,000 INVESTMENT INTO $50,000+? JOIN #TEAMBILLIONAIRE ASAP.”
(b) On another occasion, on October 3, 2017, he tweeted, “JOIN #TEAMBILLONAIRE NOW !!!!!!! CHANGE UR FINANCIAL LIFE FOREVER.”
In communications with his group, Beck portrayed TeamBillionaire as a “NETWORK of the TRADER for the TRADER,” with the goal of generating at least 200% profits every month for its members through exclusive stock alerts and picks.
Beck claimed that TeamBillionaire had over 740,000 members in 2017. Beck’s fraudulent activity exhibited a consistent pattern from 2017 to 2019.
Initially, Beck or his nominee, Robinson, would purchase shares in a microcap company before starting his promotional activities. Beck would then alert his Twitter followers and the public about an upcoming stock recommendation.
A few days before publicly posting his stock alert on Twitter, he would give a preview of the stock to his TeamBillionaire group via email, allowing them to buy shares before the broader market. This anticipation typically drove up the stock’s price and trading volume, enhancing its appeal when Beck eventually made his public recommendation.
In some cases, Beck also paid third parties to post positive comments about the stock on Investorshub.com. Like the previews to TeamBillionaire, these posts helped to increase the stock’s trading volume and price, further bolstering its attractiveness by the time Beck publicly recommended it.
Beck would then make his public stock pick via Twitter and often through emails to TeamBillionaire, promoting the stock as a high-growth, high-return investment. He frequently reiterated his recommendation through multiple tweets and emails.
As the stock’s price climbed—whether following an email preview to TeamBillionaire, message board posts, or his official stock pick alert—Beck concurrently sold his or Robinson’s shares of the stock.
None of Beck’s public stock recommendations disclosed his plans or actions to sell his stock holdings during the promotions, nor did he reveal that he had provided previews to his TeamBillionaire group or secretly paid for favorable online posts.
Beck gained financially from each issuer’s stock sales, capitalizing on the artificially high market prices during his promotional campaigns.
B. BECK’S STRATEGY TO PROFIT FROM ISSUERS’ STOCKS
1. Beck’s Pick-Ups Scalping Operation
Pick-Ups, a former auto accessory company, had its stock listed under the ticker PUPS, trading at approximately $0.0035 per share in April 2017.
Beck started buying shares of Pick-Ups on February 7, 2017, through his and Robinson's accounts, when the stock was priced at $0.0004 per share. He continued buying shares priced between $0.0004 and $0.0039, mostly purchasing at or below $0.0018 per share.
Around April 19, 2017, Beck hinted at an upcoming stock alert on Twitter, proclaiming, “THE APRIL 25TH MEGA ALERT IS LESS THAN A WEEK AWAY” and “NEXT TUESDAY COULD NOT ONLY BE MY BIGGEST ALERT EVER BUT COULD BE... THEE BIGGEST ALERT EVER.”
In the days leading up to the alert, Beck emailed his TeamBillionaire group, urging them to buy Pick-Ups stock before the public alert.
For instance, on April 23, 2017, Beck told a follower, “The stock I’m going to get you into is currently trading at $.005 and will be trading $.05+ by Tuesday the 25TH... The stock that is going to make you a ‘minimum’ of 500% on your investment is… $PUPS.”
From April 25 to May 9, 2017, Beck tweeted several endorsements to buy Pick-Ups stock. (a) For example, on April 25, 2017, Beck tweeted, “I'VE BOUGHT 27,000,000 SHARES OF $PUPS TODAY! I'M STILL LOADING.. LETS SQUEEZE THE SHORTERS !!!”
(b) On May 1, 2017, he further tweeted, “$PUPS WILL BE GREEN EVERYDAY TILL CHRISTMAS !!!!!! $PUPS WILL BE AMERICA'S #1 STOCK !!!”
At no point did Beck disclose in his tweets or emails that he or his nominee were actively selling or planning to sell Pick-Ups stock.
Beck's claims were significantly misleading, as he was both planning to and actually selling his shares in Pick-Ups stock during this time. This is crucial information that a reasonable investor would consider important when evaluating the reliability of a stock recommendation.
Beck was fully aware that his claims were misleading due to his ongoing trading activities.
During the time of Beck’s promotional activities, the price of Pick-Ups stock increased from $0.0050 to $0.0085 per share, from April 21, 2017 (just before the initial TeamBillionaire email) to April 24, 2017 (the day the emails began).
The trading volume for Pick-Ups stock surged more than ten times between April 21 and April 24, 2017.
Between April 24 and May 18, 2017, Beck and Robinson sold approximately 45.4 million shares of Pick-Ups stock, yielding total proceeds of about $218,000.
2. Beck’s MK Automotive Scalping Operation
MK Automotive, currently known as Maison Luxe, was an automotive maintenance and repair company whose shares were traded under the ticker MKAU, priced between $0.0105 and $0.0135 in June 2017.
Beck had been trading MK Automotive stock since at least 2016, but resumed purchasing shares on May 26, 2017, through his and Robinson’s accounts.
On June 27, 2017, Beck teased a major stock pick on Twitter, announcing, “WHO'S READY FOR MY BIGGEST #PENNYSTOCKS ALERT EVER? ON JULY 17TH, 2017 I WILL BE UNLEASHING AN ABSOLUTE MONSTER.”
From July 17 to July 27, 2017, Beck actively promoted buying MK Automotive stock.
(a) For instance, on July 17, 2017, he tweeted: “$MKAU IS CURRENTLY TRADING $.017 … WITHIN 60 DAYS EXPECT $1.00+... My LAST MEGA ALERT RAN 4,000% !!! $MKAU WILL BE MUCH MUCH BIGGER !!!!” (b) Another tweet on July 18, 2017, stated, “$MKAU IS GOING TO $1.00+ WEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE LOAD THE BOAT !!!!!! CHOOOOOOOOOO CHOOOOOOOOOOO.”
Beck never disclosed in his tweets that he or his nominee were actively selling or planning to sell MK Automotive stock.
Beck’s promotional tweets were significantly misleading, as he was planning to and actually selling his MK Automotive shares at that time. Such information is crucial for investors to evaluate the credibility of a stock recommendation.
Beck was fully aware that his promotional statements were misleading because he was conscious of his own trading activities.
During the time of Beck’s promotional efforts, MK Automotive’s stock price increased from $0.017 per share on July 16, 2017, to $0.024 per share on July 24, 2017. Between July 17 and August 22, 2017, Beck and Robinson disposed of approximately 13.1 million shares of MK Automotive stock, generating total proceeds of $254,000.
3. Beck’s Zann Scalping Operation
Zann, a Nevada corporation engaged in blockchain, information technology, and transportation logistics, traded its stock under the ticker ZNNC, ranging from $0.009 to $0.039 per share in September 2017.
Beck started purchasing shares of Zann on July 26, 2017, through both his and Robinson's accounts.
On September 13, 2017, Beck tweeted about an upcoming stock pick, announcing, “#TEAMBILLIONAIRE ANNOUNCEMENT: I WILL BE RELEASING MY BIGGEST #PENNYSTOCKS ALERT EVER ON SEPT. 26TH.”
On September 24-25, 2017, Beck paid two third parties to post positive comments about Zann on investment forums. One post praised Zann, stating, “This holding Co. has lots going for itself and with this share structure it's worth having a long-term outlook.”
On September 26 and 27, 2017, Beck urged his followers to buy Zann’s stock with tweets like, “LOAD UP ALL THE $ZNNC U CAN!!!!!!!!!!!!!!!!!!!!!!!!!!!” and “$ZNNC IS BEIN LOADED BY SMART MONEY.”
Neither in his tweets nor in the sponsored message board posts did Beck disclose that he or his nominee were actively selling or planning to sell Zann’s stock.
Beck’s promotions were significantly misleading, as at that time, he was planning and actually selling his Zann stock. This is information that would be crucial for a reasonable investor when evaluating the validity of a stock recommendation.
Beck was conscious that his statements were misleading because he was aware of his trading activities.
During Beck’s promotional efforts, Zann’s stock price increased from $0.039 per share on September 22, 2017, to $0.069 per share on September 25, 2017, with trading volumes ten times higher than on September 22, 2017.
Between September 25 and 26, 2017, Beck and Robinson offloaded approximately 1.39 million shares of Zann’s stock, resulting in sales proceeds of $82,000.
4. Beck’s Vidaroo Scalping Operation
Vidaroo, a defunct company that specialized in video streaming and software distribution, had its stock listed under the ticker VIDA, trading between $0.0011 and $0.0038 per share in October 2017.
Beck had been trading Vidaroo stock since at least 2016 and resumed purchasing shares on May 26, 2017, through his own and Robinson’s accounts.
On October 3, 2017, Beck announced an upcoming stock pick, tweeting, “ON OCTOBER 31ST, IM ALERTING THE MEGA #PENNYSTOCKS...‘CHANGE-UR_LIFE ALERT’ SIGN UP NOW 2 GET IN EARLY.”
From October 30 to December 11, 2017, Beck promoted Vidaroo stock on Twitter.
(a) For instance, on October 30, 2017, he tweeted, “$VIDA IS CURRENTLY TRADING AT $.0045 & WILL CLOSE TOMORROW AT $.005+ …ITS GUARANTEED 2 GO UP 10% A DAY (EZ PROFITS).” (b) On November 3, 2017, he further claimed, “$VIDA WILL GO UP EVERYDAY TILL CHRISTMAS !!! ITS GOING TO $.05+ (CURRENT PRICE $.0053).”
Beck never disclosed in his tweets that he or his nominee were selling or planning to sell Vidaroo stock.
Beck’s promotional statements were significantly misleading, as he was planning to and actually selling his Vidaroo shares at that time. Such information is crucial for investors when evaluating the reliability of a stock recommendation.
Beck was fully aware that his statements were misleading because he knew about his trading activities.
During the promotional period, Vidaroo’s stock price increased from $0.0038 per share on October 27, 2017, to $0.0049 per share on October 30, 2017.
Between October 30 and December 11, 2017, Beck and Robinson liquidated approximately 17.2 million shares of Vidaroo stock, totaling $110,000 in sales proceeds.
5. Beck’s CASG Scalping Operation
CASG, a now-defunct aviation company, had its stock traded under the ticker CASG, with prices ranging from $0.0018 to $0.0035 per share in April 2018.
Beck started buying CASG stock on January 2, 2018, through both his and Robinson's accounts.
On April 20, 2018, Beck announced an upcoming stock pick on Twitter, stating, “ON MAY 1ST, I WILL BE ALERTING THE MOST PROFITABLE #PENNYSTOCK ALERT IN HISTORY!!!!!”
Between April 25 and May 1, 2018, Beck paid two third parties to post positive comments about CASG on investment forums. For instance, on April 28, 2018, a post read, “It looks like something big is going on here. Check out the volume on Friday.”
Beck then tweeted his CASG stock recommendation on May 1, 2018, claiming: “TURN UR $1,000 INVESTMENT INTO $20,000.00+ WITH $CASG THE #1 #PENNYSTOCK IN THE WORLD !!!”
None of Beck’s tweets or the sponsored message board posts disclosed that he or his nominee were selling or planning to sell CASG stock.
Beck's promotional statements were significantly misleading as he was actively selling his CASG stock at the time. This is crucial information for investors evaluating the validity of a stock recommendation.
Beck was fully aware that his statements were misleading due to his knowledge of his own trading activities.
Following the message board posts, CASG’s stock price increased from $0.0035 per share on April 24, 2018, to $0.0048 per share on April 25, 2018.
After Beck emailed his TeamBillionaire members about the CASG stock on April 30, 2018, the stock price jumped from a closing price of $0.0082 to $0.0138 per share the next day, with trading volume rising by about 322%.
Between April 26 and May 1, 2018, Beck and Robinson sold approximately 8.5 million shares of CASG stock, generating total proceeds of $218,000.
6. Beck’s Marquie Scalping Operation
Marquie, a radio station company, traded its stock under the ticker TMGI, with prices ranging from $0.041 to $0.096 per share in November 2018.
Beck started purchasing shares of Marquie on November 27, 2018, through Robinson’s accounts.
On November 5, 2018, Beck indicated an upcoming stock alert on Twitter, stating, “MY NEXT MEGA ALERT IS DECEMBER 18TH.”
Beck prepped his TeamBillionaire group before publicly announcing his stock pick for Marquie, urging them to buy in advance.
For instance, on December 15, 2018, Beck emailed his TeamBillionaire group:
"The MEGA December 18th alert will be released to the masses at 9:00 am EST on the 18th of DECEMBER. There will be a GLOBAL release to every TRADER on the planet via all SOCIAL MEDIA platforms. When I say I'll be releasing the BIGGEST PROFIT RUNNER in penny stock history, I mean it... December 18th will be HISTORIC. Many traders will quit their 9-5 jobs, buy businesses, invest in real estate globally, retire, become philanthropists, take luxury cruises, or even buy a minor league baseball team. I will get you in on the 17th (a day before the global alert). You will receive the alert on Sunday morning, the 16th, so you can plan how much stock to buy to achieve your financial dreams."
On December 18, 2018, Beck tweeted his recommendation to buy Marquie stock, saying: “THIS YEAR'S MEGA MAGICAL CHRISTMAS ALERT IS $MYLI !!!!!!! BUY EVERYTHING YOU CAN UNDER $1.00+ BEFORE THE HERBALIFE MERGER NEWS DROPS!!! $MYLI IS GOING TO $10+ (CURRENT PRICE $.44). TURN YOUR $5,000 INVESTMENT INTO $100,000+.”
Beck did not disclose in his tweets, emails, or message board posts that he or his nominee were selling or planning to sell Marquie stock.
Beck’s promotions were misleading, as he had already started selling his Marquie stock on December 17, 2018. This undisclosed information would be crucial for a reasonable investor assessing the reliability of his stock recommendation.
Beck was aware that his claims about Marquie were misleading because he was conscious of his own trading activities.
Marquie’s stock price increased from $0.29 per share on December 14, 2018, to $0.40 per share on December 17, 2018, following Beck’s initial email to TeamBillionaire.
From December 17 to December 20, 2018, Robinson’s accounts offloaded approximately 343,000 shares of Marquie stock, generating sales proceeds of $41,000.
7. Beck’s Peoplesway Scalping Operation
Peoplesway, a defunct wellness company, had its stock trading under the ticker PLWY, with prices ranging from $0.0027 to $0.0060 per share in February 2019.
Beck started purchasing Peoplesway stock on September 5, 2018, using Robinson’s accounts.
On February 28, 2019, Beck teased an upcoming stock alert on Twitter, announcing, “ON MARCH 12TH, I WILL BE ALERTING THE ‘MEGA GODZILLA ALERT!!! THIS WILL BE THE BIGGEST RUNNER IN #PENNYSTOCKS HISTORY !!! EXPECT TO TURN UR $10,000 INVESTMENT INTO $150,000+.”
On March 11, 2019, Beck emailed his TeamBillionaire group, giving them early access to the PLWY stock recommendation:
"Guess what FAM? I'm getting you in EARLY on March 11th so you don't have to deal with the stress of chasing a skyrocketing stock on March 12th. I don’t want you buying at $.25+ on Tuesday. I'm getting you in under $.05 tomorrow so you can secure your profits easily… I'm excited for us, the #MONEYGANG, because we're all going to profit first from the major announcement on March 12th. Drum roll please… The BIGGEST RUNNER IN PENNY STOCK HISTORY IS GOING TO BE PLWY!”
From March 8, 2019, to March 11, 2019, Peoplesway’s stock price increased from $0.011 to $0.027 per share, with trading volumes rising by approximately 1,760%.
On March 11, 2019, Robinson’s accounts sold about 3.56 million shares of Peoplesway stock, totaling $78,000 in proceeds.
Beck continued to promote Peoplesway stock from March 12 to March 14, 2019.
For example, on March 12, 2019, he tweeted: “I’M GOING TO PERSONALLY PUNISH EVERY SINGLE SHORT SELLER ON $PLWY !!!! I WILL FORCE THOSE BTCHES TO COVER OVER $.10 !!! SHT JUST GOT REAL !!!!”
Another tweet on March 14, 2019, stated: “I’M LOADING $PLWY ON THE BIDS.....ITS GOING BACK UP. I BUY ‘PANIC’. NO NEED TO WORRY WHEN #BMM IS ON BIDS.”
Beck did not disclose in any of his tweets, emails, or message board posts that he or his nominee were selling or planning to sell Peoplesway stock.
Beck’s statements were substantially misleading because as of March 11, 2019, he had sold all his PLWY stock and was not purchasing more. This information would be crucial for investors to assess the credibility of the stock recommendation.
Beck was aware that his statements were misleading because he was conscious of his trading activities.
8. Beck’s UCSO Scalping Operation
UCSO, a defunct company engaged in digital services, blockchain, palm oil, and cannabis, traded under the ticker UCSO with stock prices ranging from $0.0055 to $0.0099 per share in March 2019.
Beck began buying shares of UCSO on April 9, 2019, through Robinson’s accounts.
On March 31, 2019, Beck announced an upcoming stock alert via Twitter, proclaiming, “ARE U READY FOR THE BIGGEST #PENNYSTOCKS ALERT IN HISTORY? GET READY TO TURN UR $5,000 INVESTMENT INTO $100,000+ ON MAY 1ST!”
On April 29, 2019, Beck emailed his TeamBillionaire group about the upcoming UCSO stock pick:
"I will get you there first with the MEGA May 1st alert! Here's the good news: I’m not making you wait until May 1st to receive the GAME-CHANGING SUPER MEGA ALERT. I'm giving you the alert on April 29th, 48 hours before the general public gets it."
On May 1, 2019, Beck tweeted his recommendation to buy UCSO stock:
"#MONEYGANG, NO NEED FOR $UCSO TO RUN CRAZY TO $.10 TODAY. LOAD UP EVERYTHING U CAN UNDER $.06!!! TOMORROW WE LOAD EVERYTHING UNDER $.07…SLOW & STEADY ALWAYS WINS THE RACE. BUYING $UCSO WILL BE THE BEST FINANCIAL DECISION U HAVE EVER MADE IN UR LIFE!!!"
Beck did not disclose in any of his tweets or emails that he or his nominee were selling or planning to sell UCSO stock.
Beck’s promotions were significantly misleading, as he was actively selling his UCSO stock at the time. This is crucial information for investors assessing the reliability of a stock recommendation.
Beck was aware that his statements were misleading because he was familiar with his own trading activities.
During Beck’s promotional efforts, UCSO’s stock price increased from $0.065 per share on April 26, 2019, to an intraday high of $0.08 per share on April 29, 2019, with trading volume up by approximately 232%.
Between April 29 and May 2, 2019, Robinson’s accounts sold approximately 228,000 shares of UCSO stock, resulting in sales proceeds of $15,000.
C. BECK’S INTENT AND/OR NEGLIGENCE IN SCALPING SCHEMES
Beck intentionally, knowingly, and/or recklessly executed his scalping schemes involving the stocks of various issuers.
Beck was aware that he failed to disclose to his followers on Twitter and TeamBillionaire both his intentions and actual actions of selling the issuers’ stocks while advising them to buy the same stocks.
Beck facilitated his trades through his nominee, Robinson, which helped to obscure the extent of his trading activities.
Beck secretlycompensated third parties to generate positive commentary about several of the issuers, hiding his involvement in the promotion of these stocks.
Beck’s activities displayed a consistent pattern of deceptive conduct over several years across the eight issuers.
Alternatively, Beck could be considered negligent for recommending the issuers’ stocks without disclosing his ongoing or planned sales of those stocks.
Beck accrued substantial profits from his deceptive practices. Overall, from February 2017 to May 2019, Beck and his nominee’s accounts garnered $870,000 in sales proceeds—$358,000 of which were attributed to Beck’s personal account and $512,000 to Robinson’s accounts.
D. BECK WITHHELD CRUCIAL TRADING INFORMATION
A reasonable investor would have found it crucial to know that Beck was selling or planning to sell the issuers' stocks at the same time he was advising others to buy them.
The fact that Beck was selling or intending to sell the issuers' stocks, and was profiting from the price increases prompted by his own recommendations, would have been significant to a reasonable investor in assessing the credibility of Beck's advice to purchase those stocks.
Claims For Relief
I. FRAUD IN CONNECTION WITH THE PURCHASE AND SALE OF SECURITIES: VIOLATIONS OF SECTION 10(B) OF THE EXCHANGE ACT AND RULE 10B-5 (AGAINST DEFENDANT BECK)
The SEC restates and incorporates by reference paragraphs 1 through 134 as stated above.
Defendant Beck knowingly and/or recklessly executed a scheme to scalp the issuers’ stocks. Through his promotional activities, which included tweeting stock alerts, sending emails to his TeamBillionaire group, and arranging for posts on message boards under other names, Beck manipulated the issuers’ stock prices to enable sales at elevated prices. Beck neglected to disclose his simultaneous or intended sales of the very stocks he was recommending to others. This deceitful conduct spanned several years across the stocks of eight issuers, resulting in over $900,000 of unlawful profits in his and his nominee’s accounts.
By engaging in the aforementioned activities, Defendant Beck, with scienter, used means or instrumentalities of interstate commerce, the mails, or facilities of a national securities exchange to: (a) implement devices, schemes, or artifices to defraud; (b) make false statements of material fact or omit to state material facts necessary to make the statements made, under the circumstances, not misleading; and (c) participate in acts, practices, or courses of business that operated or would operate as a fraud or deceit upon others.
Through these actions, Defendant Beck has breached, and unless restrained and enjoined will continue to breach, Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Rules 10b-5(a), 10b-5(b), and 10b-5(c) under 17 C.F.R. §§ 240.10b-5(a), 240.10b-5(b), and 240.10b-5(c).
II. FRAUD IN THE OFFER OR SALE OF SECURITIES: VIOLATIONS OF SECTION 17(A) OF THE SECURITIES ACT (AGAINST DEFENDANT BECK)
The SEC restates and incorporates by reference paragraphs 1 through 134 as stated above.
Defendant Beck knowingly, recklessly, and/or negligently executed a scheme to scalp the issuers' stocks. Through his promotional activities, which included tweeting stock alerts, sending emails to his TeamBillionaire group, and arranging for message board posts under other names, Beck manipulated the stock prices of the issuers to facilitate sales at elevated prices. He failed to disclose his simultaneous or intended sales of the very stocks he was recommending to others. This pattern of deceit occurred over several years involving the stocks of eight issuers, resulting in over $900,000 in unlawful profits for himself and his nominee.
By participating in the activities described above, Defendant Beck, directly or indirectly in the offer or sale of securities, using means of transportation or communication in interstate commerce or the mail, has: (a) employed devices, schemes, or artifices to defraud; (b) acquired money or property through untrue statements of material fact or by omitting necessary material facts, making the statements made misleading in the context of their presentation; and (c) engaged in transactions, practices, or courses of business which operated or would operate as a fraud or deceit upon purchasers.
Defendant Beck, with scienter, orchestrated devices, schemes, and artifices to defraud; with scienter or negligence, acquired money or property through misrepresentations or omissions of essential facts needed to make his statements not misleading; and, with scienter or negligence, participated in transactions, practices, or courses of business that acted or would act as a fraud or deceit upon purchasers.
By conducting himself as described, Defendant Beck has violated, and unless restrained and enjoined will continue to violate, Sections 17(a)(1), 17(a)(2), and 17(a)(3) of the Securities Act, 15 U.S.C. §§ 77q(a)(1), 77q(a)(2), & 77q(a)(3).
Prayer For Relief
The SEC respectfully requests that the Court:
- Establish findings of fact and conclusions of law that the Defendant committed the alleged violations.
- Enter a judgment, consistent with Rule 65(d) of the Federal Rules of Civil Procedure, permanently enjoining Defendant Beck, along with his officers, agents, servants, employees, attorneys, and those in active concert or participation with him who receive actual notice of the judgment via personal service or otherwise, from further violations of Section 10(b) of the Exchange Act, Rule 10b-5, and Section 17(a) of the Securities Act.
- Require Defendant Beck and Relief Defendant Robinson to disgorge all profits gained from their unlawful activities, plus prejudgment interest, in accordance with Sections 21(d)(5) and 21(d)(7) of the Securities Exchange Act of 1934.
- Impose civil penalties on Defendant Beck pursuant to Section 21(d)(3) of the Exchange Act and Section 20(d) of the Securities Act.
- Issue an order under Section 20(g) of the Securities Act barring Defendant Beck from participating in any offering of penny stock.
- Maintain jurisdiction over this action to enforce and administer any orders or decrees entered, or to consider any further applications or motions for additional relief within the court’s jurisdiction.
- Award any other relief that the Court deems just and necessary.
Final Judgment
The Court issued a final judgment that permanently prohibits Beck from breaching the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934, as well as Rule 10b-5 related to these sections.
Additionally, Beck is barred for five years from the date the judgment was entered from participating in any penny stock offerings. This includes any activities involving a broker, dealer, or issuer that relate to issuing, trading, or promoting the purchase or sale of any penny stock.
The Court also mandated Beck and relief defendant Helen Robinson to jointly and severally pay a disgorgement of $572,270.00, along with prejudgment interest totaling $112,062.32. Moreover, Beck is required to pay a civil penalty of $230,464.00. Robinson is similarly ordered, alongside Beck, to pay a disgorgement of $386,732.00 with an additional $75,730.14 in prejudgment interest.
Key Takeaways For Investors From The Case
1. DISCLOSURE IS VITAL
This case underscores the importance of full disclosure in investment recommendations. Investors should be wary of influencers or promoters who fail to disclose their own financial interests or intentions, particularly when recommending stocks.
2. BE CAUTIOUS OF PROMOTIONAL CAMPAIGNS
Investors should approach promotional campaigns, especially those on social media platforms, with caution. While they may seem enticing, it's crucial to conduct thorough research and verify the credibility of the source before making investment decisions.
3. WATCH OUT FOR PUMP-AND-DUMP SCHEMES
The case highlights the risks associated with pump-and-dump schemes, where individuals artificially inflate the price of a stock through misleading statements or promotional activities, only to sell their shares at a profit once the price has risen.
4. LEGAL CONSEQUENCES
The legal consequences faced by the defendant serve as a reminder that securities fraud is taken seriously by regulatory authorities. Investors should be vigilant and report any suspicious activities to the appropriate regulatory bodies.
5. SEEK PROFESSIONAL ADVICE
When in doubt, investors should seek advice from financial professionals or conduct thorough due diligence before making investment decisions. Consulting with a qualified financial advisor can help mitigate the risks associated with potentially fraudulent schemes.
Key Takeaways for Financial Market Practitioners and Management
1. COMPLIANCE IS PARAMOUNT
This case underscores the critical importance of strict adherence to securities regulations and laws. Financial market practitioners and management must ensure that all activities, including promotional campaigns and investment recommendations, comply fully with regulatory requirements.
2. TRANSPARENT COMMUNICATION
Clear and transparent communication with investors is essential. Practitioners and management should disclose any relevant financial interests or intentions, especially when making recommendations or promoting securities to investors.
3. RISK MITIGATION STRATEGIES
Implementing robust risk mitigation strategies is crucial to safeguard against fraudulent activities. This includes conducting thorough due diligence on investment opportunities and monitoring for any signs of market manipulation or irregularities.
4. EDUCATING STAFF
It's vital to educate staff members about securities laws and regulations to ensure they understand their responsibilities and obligations. Training programs should focus on compliance protocols, ethical conduct, and the consequences of non-compliance.
5. MONITORING AND REPORTING
Establishing effective monitoring and reporting mechanisms can help detect and prevent fraudulent behavior. Practitioners and management should encourage a culture of reporting suspicious activities and provide channels for employees to raise concerns confidentially.
6. LEGAL AND FINANCIAL CONSEQUENCES
The legal and financial consequences faced by the defendant in this case serve as a stark reminder of the potential repercussions of securities fraud. Practitioners and management must prioritize ethical conduct and integrity in all their dealings to protect investors and maintain trust in the financial markets.
About the Author
Destiny Aigbe
Managing Partner
Aigbe Law PLLC | Dark Alpha Capital
A Corporate and Securities Law Firm
With a robust foundation in law and finance, Destiny Aigbe has carved a distinguished career, underpinned by his pivotal role in orchestrating and managing complex transactions that have propelled companies to significant growth and market prominence. As a seasoned attorney and strategic advisor, Destiny has been instrumental in facilitating over $75 million in capital raises, demonstrating a keen acumen for securing funding and fostering investor confidence.
Destiny's leadership in the execution of six successful public listings, through meticulously structured reverse mergers and registration statements, showcases his adeptness in navigating the intricacies of the public markets and his capacity to guide companies through transformative growth phases. His involvement in five mergers as an operator further illustrates his versatile skill set, extending beyond legal expertise to include hands-on management and operational strategy, though these ventures did not involve funding.
Destiny's professional journey is marked by a commitment to excellence and a diverse range of experiences, from representing a wide spectrum of clients including public and private companies, and investment firms, to holding significant roles within the US government. His tenure with the US Department of State and the National Institutes of Health highlights his adaptability and his contribution to the advancement of entrepreneurial ventures in sectors like biotechnology and nanotechnology through strategic funding initiatives.
An alumnus of Vanderbilt University Law School, Destiny focused on Finance and Mergers & Acquisitions, further honing his expertise with a certificate in Law and Business. His foundational education in Finance was obtained with honors from the University of Maryland's Robert H. Smith School of Business, which laid the groundwork for his subsequent achievements in investment banking and legal practice.
Residing in the Washington, D.C. area, Destiny Aigbe continues to leverage his extensive experience and insightful leadership to drive innovation, growth, and success for his clients and the ventures he is involved with.
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