7.16.2009 The SEC filed an emergency court action to halt a $77 million offering fraud perpetrated by Medical Capital Holdings, Inc. (MCHI), Medical Capital Corporation (MCC), Medical Provider Funding Corporation VI (MP VI), Sidney M. Field, and Joseph J. Lampariello. The SEC alleges that the defendants defrauded investors by misappropriating about $18.5 million of investor funds and by misrepresenting to investors that no prior offerings had defaulted on or been late in making payments to investors of principal and/or interest.
The SEC alleges that, since 2003, MCHI, MCC, Field, and Lampariello have raised more than $2.2 billion through offerings of notes in MP VI and five other similarly structured Special Purpose Corporations (SPCs). As of March 31, 2009, MP VI and its affiliated SPCs had more than $1.2 billion in notes outstanding, and since August 2008, five of the SPCs have been in default or late in paying principal and/or interest on $992.5 million in notes.
As alleged by the SEC, the defendants defrauded investors by misappropriating approximately $18.5 million of the $76.9 million raised through the sale of MP VI notes to pay administrative fees to MCC. The SEC stated that these fee payments were contrary to representations in MP VI’s original offering documents, which stated that administrative fees would not be paid out of proceeds from the sale of notes. The SEC also alleges that these fee payments were contrary to representations in MP VI’s May 27, 2009, supplemental offering documents that less than $4 million had been used for purposes other than purchasing accounts receivables.
In addition, the SEC believes that the defendants defrauded investors by misrepresenting in MP VI’s offering documents that none of the SPCs affiliated with MP VI had defaulted on or been late in making payments of principal and/or interest to their respective investors. In fact, two MP VI-affiliated SPCs began defaulting on interest and/or principal payments in the same month that MP VI began its offering, and recently two other MP VI-affiliated SPCs have defaulted or been late in making interest payments.
Click http://www.sec.gov/litigation/litreleases/2009/lr21141.htm to access the SEC litigation release.