Quote:
Originally Posted by hungry
Just where can a person get the information on the order to investigate you speak of?
Paul
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Here's a paste of the order. If you want the original from the US District Court, you'll need a Pacer account and I'll be happy to direct you.
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
May 3, 2007
ORDER DIRECTING PRIVATE INVESTIGATION AND DESIGNATING
OFFICERS TO TAKE TESTIMONY
In the matter of U.S. Sustainable Energy Corporation
A-02975
The Commission's public official files disclose that :
A. U.S. Sustainable Energy Corporation ("U .S . Sustainable Energy") is a Mississippi
corporation headquartered in Natchez, Mississippi . U.S. Sustainable Energy's common stock is not registered with the Commission in any capacity . U.S . Sustainable Energy's common stock trades on the Pink Sheets, LLC .
B. United Ethanol Group, Inc . ("United Ethanol") is a Nevada corporation
headquartered in Eagle Grove, Iowa . United Ethanol's common stock is registered with the Commission pursuant to Section 12(g) of the Securities Exchange Act of 1934 ("Exchange Act"). United Ethanol's common stock trades on the OTC Bulletin Board . United Ethanol files periodic reports, including Forms 10-KSB and 10-QSB, with the Commission pursuant to Section 13(a) of the Exchange Act and related rules thereunder.
II.
Members of the staff have reported information to the Commission that tends to show
that from at least October 26, 2006 :
A. In possible violation of Section 17(a) of the Securities Act and Section 10(b) of
the Exchange Act and Rule 1 Ob-5 thereunder, U .S . Sustainable Energy and/or United Ethanol, their officers, directors, employees, partners, subsidiaries, and/or affiliates, and/or other persons or entities, directly or indirectly, in the offer or sale or in connection with the purchase or sale of certain securities, may have been or may be employing devices, schemes, or artifices to defraud, obtaining money or property by means of untrue statements of material fact or omitting to state
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material facts necessary in order to make the statements made, in the light of the circumstances under which they were or are made, not misleading, or engaging in transactions, acts, or courses of business which operated, operate, or would operate as a fraud or deceit upon any person . As part of these activities, such persons or entities, directly or indirectly, may have been or may be, among other things, making false statements of material fact or failing to disclose material facts concerning, among other things, U .S. Sustainable Energy's and/or United Ethanol's technologies related to manufacture of biofuel, and/or the valuation of those companies and/or technologies .
B. In possible violation of Section 10(b) of the Exchange Act and Rule I Ob-5
thereunder, U .S . Sustainable Energy and/or United Ethanol, their officers, directors, employees, partners, subsidiaries, and/or affiliates, and/or other persons or entities, directly or indirectly, in connection with the purchase or sale of certain securities, may have been or may be employing devices, schemes, or artifices to defraud, making untrue statements of material fact or omitting to state material facts necessary in order to make the statements made, in the light of the circumstances under which they were or are made, not misleading, or engaging in acts, practices, or courses of business which operated, operate, or would operate as a fraud or deceit upon any person. In connection with these activities, such persons or entities, directly or indirectly, may
have been or may be, among other things, trading in the securities of U .S. Sustainable Energy and/or United Ethanol on the basis of material nonpublic information, or disclosing to others material nonpublic information regarding U .S. Sustainable Energy and/or United Ethanol, in breach of a fiduciary or other duty arising out of a relationship of trust and confidence .
C. In possible violation of Sections 5(a) and 5(c) of the Securities Act, United
Ethanol, its officers, directors, employees, partners, subsidiaries, and/or affiliates, and other persons or entities, directly or indirectly, may have been or may be offering to sell, selling, and delivering after sale to the public, or may have been or may be offering to sell or to buy through the medium of any prospectus or otherwise, certain securities, including, but not limited to United Ethanol's common stock, as to which no registration statement was or is in effect or on file with the Commission, and for which no exemption was or is available .
D. While engaged in the above-described activities, such persons or entities, directly
or indirectly, may have been making use of any means or instruments of transportation or
communication in interstate commerce, or of the mails, or of any facility of any national
securities exchange.
III .
The Commission, having considered the staff's report, and deeming such acts and
practices, if true, to be possible violations of Sections 5(a), 5(c), 17(a) of the Securities Act of 1933 ("Securities Act"), and Section 10(b) of the Exchange Act and Rule 1 Qb-5 thereunder, finds it necessary and appropriate and hereby :
ORDERS, pursuant to the provisions of Section 20(a) of the Securities Act and Section
21(a) of the Exchange Act, that a private investigation be made to determine whether any persons have engaged in, or are about to engage in, any of the reported acts or practices or in acts or practices of similar purport or object ; and
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FURTHER ORDERS, pursuant to the provisions of Section 19(c) of the Securities Act
and 21(b) of the Exchange Act, that for the purpose of such investigation, Ronald L . Crawford, Stephen E. Donahue, Robert W. Lough, Micheal D . Watson, John G . Westrick, James E. Long, Edward H. Saunders, Mark E. Harrison, and Neal A . Seiden, and each of them, are hereby designated as officers of the Commission and are empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records deemed relevant or material to the inquiry, and to perform all other duties in connection therewith as prescribed
by law.
By the Commission.
Nancy M. Morris
Secretary
By: Jill M . Peterson
Assistant Secretary
Case 1:07-cv-01547-JEC-LTW Document 1-7 Filed 07/02/2007
