SEC Drops Remaining Claims In Idaho Nuclear Power Co. Suit - Law360

SEC Drops Remaining Claims In Idaho Nuclear Power Co. Suit

Law360, New York (July 17, 2015, 4:30 PM EDT) -- An Idaho federal judge on Thursday agreed to drop the U.S. Securities and Exchange Commission's remaining charges against an energy company and its CEO two months after finding them liable in a securities fraud case involving the financing of a $10 billion nuclear power plant.

The SEC said the penalties, including nearly $15 million in disgorgements, imposed by U.S. District Judge Edward J. Lodge on Alternate Energy Holdings Inc. and its former CEO Donald L. Gillispie when he granted summary judgment to the agency in May are enough punishment.

"The court has already found both Gillispie and AEHI liable for securities fraud and for unlawful sales of securities without registration," the SEC said. "... The commission does not expect that significant, additional relief would be ordered if defendants were additionally found liable for the unresolved causes of action."

Judge Lodge has also barred AEHI and Gillispie from having an executive role at a public company and from participating in the offering of penny stocks.

The SEC sued AEHI in 2010, accusing the now-defaulted Boise, Idaho-based company of fraudulently raising millions of dollars for a $10 billion nuclear power plant, a scam that allegedly garnered its two top executives illegal profits that were put to personal use.

AEHI fired back, saying that the SEC's bid to subpoena its business partners was an attempt to force the company into bankruptcy.

Then in November, Gillispie and AEHI's former senior vice president of administration, Jennifer R. Ransom, were indicted on 14 counts of conspiracy, securities fraud, wire fraud, filing false tax returns and making false statements to federal agents.

Those charges are still pending for Gillispie, who twice failed to show up for his arraignment and has "allegedly absconded to avoid prosecution and trial," according to prosecutors. In May, a bench warrant was granted for his arrest. 

Ransom pled guilty in April to securities fraud related to her recruiting so-called "nominees" to buy company stock on the market to inflate its market price. As part of her plea agreement, Ransom has agreed to forfeit $581,000 and pay restitution. Her sentencing is set for September.

On June 30, the SEC barred AEHI from trading its registered securities after failing to file any periodic reports to the SEC since September 2012, despite multiple warnings and court action, according to the SEC.

Investors who bought AEHI stock directly from the company through private offerings were offered a price lower than the inflated market value, but these investors could only buy restricted stock that couldn't be sold for six months to a year. Over the course of two months in late 2009, private investors bought about $517,000 worth of this restricted, reduced-price stock.

Earlier that month, AEHI sued one of its former attorneys for allegedly losing the company $2 million as a result of malpractice and breach of fiduciary duty while it tried to secure $200 million in funding for its power plant project.

AEHI claims that New Jersey lawyer John N. Giorgi failed to exercise reasonable care and skill in rendering professional services after he represented the company in signing an agreement with allegedly bogus financial companies that asked for $2 million in escrow upfront but didn't raise any money.

Gillispie and counsel for AEHI didn't respond to requests for comment.

The SEC is represented by internal counsel Jina L. Choi, Susan F. LaMarca and Robert L. Tashjian.

AEHI is represented by Charles Thomas Arkoosh of Arkoosh Law Offices. Gillispie is representing himself.

The case is U.S. Securities and Exchange Commission v. Alternate Energy Holdings Inc. et al., case number 1:10-cv-00621, in the U.S. District Court for the District of Idaho.

--Additional reporting by John Kennedy, Jacob Batchelor and Stewart Bishop. Editing by Kelly Duncan.

For a reprint of this article, please contact reprints@law360.com.

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Case Information

Case Title

Securities and Exchange Commission v. Alternate Energy Holdings, Inc et al


Case Number

1:10-cv-00621

Court

Idaho

Nature of Suit

Securities/Commodities

Judge

David C. Nye

Date Filed

December 16, 2010

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