WASHINGTON, Dec 20 (Reuters) - Willie Gault, a former
Chicago Bears wide receiver, faces a civil lawsuit by U.S.
securities regulators accusing the American football player and
several others of engaging in an alleged scheme to inflate the
price of stock in a heart-monitoring device company.
The U.S. Securities and Exchange Commission said in a
complaint filed on Tuesday in federal court in California that
the company, known as Heart Tronics, installed both Gault and a
former Hollywood executive named J. Rowland Perkins as
figureheads of the company to help fuel publicity and pump up
investor confidence.
Behind the scenes, however, Mitchell J. Stein, the company's
purported outside counsel, was conducting shady dealings that
included hiring stock promoters and reaping about $8 million
from secret trades that he used to spend on private jets and
fancy cars, the SEC said.
The attorney, Mitchell Stein, was arrested on Sunday at Los
Angeles International Airport, the Justice Department said.
In an indictment unsealed on Monday in federal court in
Florida, prosecutors charged Stein with engaging in a scheme to
artificially inflate the company's stock price by creating fake
purchase orders from fictitious customers, then issuing press
releases trumpeting the fake sales.
Federal prosecutors also charged Stein with conspiring to
obstruct the SEC investigation by testifying falsely and
arranging for others to do so.
A message left at Stein's law office was not immediately
returned on Tuesday. His most recent message on Twitter, posted
on the day of his arrest, read: "As long as the roots are not
severed, all is well ... and all will be well ... In the
garden."
"Stein took advantage of Gault's celebrity to further prop
up the image of Heart Tronics as a successful enterprise," said
Stephen L. Cohen, an associate director in the SEC's Division of
Enforcement. "Stein secretly sold millions of dollars in stock
while peddling false claims of Heart Tronics' lucrative sales
orders, and has been living the high life off his illicit
proceeds with multiple homes, exotic cars, and private jets."
This marks the second civil case the SEC has filed against a
former football player in a stock scheme in less than a week. On
Friday, the SEC charged Daniel Ruettiger, the legendary Notre
Dame football underdog who inspired the 1993 movie "Rudy," and
12 others with running a stock scam.
The charges against Gault and Perkins center on violations
of the Sarbanes-Oxley Act, a law enacted in 2002 that, among
other things, imposes certain fiduciary obligations on company
executives.
The SEC says that Stein and Gault defrauded one investor
into taking a stake in the company by falsely promising the
money would go toward company operations.
Some of that money instead went into Gault's personal
brokerage account to buy more Heart Tronics stock and give
investors a false sense of demand and volume, the SEC claims.
The SEC also said that Gault and Perkins rarely questioned
Stein's direction and unlawfully signed public filings
containing false statements about the company's sales.
Jared J. Scharf, an attorney representing Gault, Perkins and
Heart Tronics, said the SEC's allegations are completely
baseless and he believes that the agency's complaint is based on
information provided by naked short-sellers trying to take over
the company.
"We informed the SEC about ... the naked short-sellers. And
to our knowledge, the SEC has done nothing about it," he said.
"We suspect that when the naked short-selling didn't accomplish
their objective, ... they became the informants to the SEC on
whose word this civil action is based."
Scharf said his clients testified to the SEC about the
issues raised in this case in 2010, and the agency issued a
Wells notice in June of this year. Since then he had not heard
from regulators and thought they had dropped the matter.
The SEC's suit will likely put a damper on Gault's recent
euphoria after the Los Angeles Police recovered his stolen Super
Bowl XX ring. Gault credited the website TMZ with assisting in
the search.
(Reporting by Sarah N. Lynch and Aruna Viswanatha)
Follow us on Twitter: @ReutersLegal