Related Documents:
2014-59
27-Mar-2014
Press Release--Administrative Proceeding
SEC Announces Fraud Charges Against Coal Company and CEO for False Disclosures About Management
On March 27, 2014, the SEC announced fraud charges against L&L Energy, Inc. ("L&L Energy"), a Seattle-headquartered coal company, and its founder Dickson Lee ("Lee") for making false disclosures about who was running the company. According to the SEC's order against Lee and L&L Energy, the false representations began in the annual report for 2008 and continued with quarterly filings in 2009. The SEC alleges that Lee and L&L Energy with violation of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The order also alleges other violations of rules under the Exchange Act concerning Sarbanes-Oxley certifications, disclosure controls and procedures, and obtaining and retaining electronic signatures on filings. The order seeks disgorgement and financial penalties against L&L Energy and Lee, as well as an officer-and-director bar against Lee.
Order Staying Proceeding
On April 3, 2014, Chief Administrative Law Judge Brenda P. Murray granted to the U.S. Attorney's Office "the Application to Intervene, Motion to Stay, and Motion to Toll, and [ordered] this proceeding STAYED pending resolution of the criminal proceeding."
Order Continuing Stay
On August 14, 2014, the Administrative Law Judge issued an order of continuing stay to the US attorney to intervene and stay the administrative proceeding pending resolution of related criminal proceeding.
Order Continuing Stay
On December 1, 2014, Chief Administrative Law Judge Brenda P. Murray continued the stay the administrative proceeding against respondents. The stay was first granted pending resolution of the criminal proceeding, United States v. Lee. While Lee pled guilty to securities fraud, plea negotiations with L&L continue in face of a trial date of February 17, 2015. A telephonic prehearing conference was scheduled for March 3, 2015 to assess whether the stay is still needed.
Order Continuing Stay
On February 26, 2015, Chief Administrative Law Judge Brenda P. Murray continued the stay on proceedings against L&L Energy Inc. in anticipation of a sentencing hearing for L&L Energy, Inc. in a parallel criminal proceeding scheduled for April 24, 2015. A telephonic prehearing conference was also scheduled for May 5, 2015 to assess whether the stay is still needed.
Order Lifting Stay
On April 28, 2015, Chief Administrative Law Judge Brenda P. Murray lifted the stay on administrative proceedings in light of the resolution of a criminal case against respondents.
Order Following Prehearing Conference
On May 6, 2015, Chief Administrative Law Judge Brenda P. Murray entered an Order Following Prehearing Conference.
Order Directing Supplemental Briefing
On November 30, 2015, Chief Administrative Law Judge Brenda P. Murray entered an order requiring additional briefing by December 30, 2015, "on the issue of disgorgement in hopes that the Division can provide any additional evidence regarding its requested disgorgement amount." Previously, the Division of Enforcement filed a motion for default and sanctions on May 29, 2015 seeking an order that L&L disgorge the approximately $750,000 that L&L raised "through its stock offering during the period of its alleged fraud."
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17-Feb-2016
ALJ Initial Decision
Initial Decision on Default
On February 17, 2016, Chief Administrative Law Judge Brenda P. Murray entered Initial Decision against L&L Energy, Inc.