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SEC v. Robert F. Moore

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

LITIGATION RELEASE NO. 16780 / October 26, 2000

 

SECURITIES AND EXCHANGE COMMISSION v. Robert F. Moore, individually and doing business as The Kingdom of Enenkio, Civil No, 00-00651 SOM/LEK (D, Haw.)

The Commission announced that on October 23 Robert F. Moore, individually and doing business as The Kingdom of Enenkio, consented to be permanently enjoined from violating certain of the antifraud and securities registration provisions of the federal securities laws in connection with his Internet offering of bonds. The Commission's complaint, filed on October 5, 2000, alleged that Moore was holding himself out to be the head of state of Enenkio and conducting a $1 billion offering of "Enenkio Gold War bonds." According to the complaint, the Kingdom of Enenkio is not recognized in any international forum as a sovereign state nor is it a corporate or statutory entity. The complaint alleged that Moore's offering materials represented that the bonds paid a compound interest rate of ten percent after 5 years. The complaint also alleged that Moore represented that the bonds were "backed by gold reserves, guarantees, real property or other significant assets." However, according to the complaint, Moore had no gold reserves and no security, real property or otherwise, for the bonds. The complaint further alleged that the bonds were not registered with the Commission and no exemption for registration applied. The Honorable Susan Oki Mollway reserved the issue of disgorgement and civil money penalties for determination following the submission of additional evidence.

Moore also consented to a finding of civil contempt for violating a Temporary Restraining Order ("TRO") issued by Judge Mollway on October 5. The Commission had alleged in its application seeking an order of civil contempt that Moore continued to offer the Enenkio government bonds on his website in violation of the TRO and had failed to provide a sworn accounting as ordered by the Court. In the contempt Order, Judge Mollway ordered Moore to remove the offering from his website within 48 hours and provide an accounting. Judge Mollway ordered that Moore pay a $1,000 fine for each day he fails to comply.

Moore consented to the injunctive relief and to the finding of contempt without admitting or denying the allegations in the Commission's complaint that he had violated Sections 5(c), 17(a)(1) and 17(a)(3) of the Securities Act of 1933. For further information see Litigation Release Nos. 16758 (Oct. 6, 2000) and 16776 (Oct. 19, 2000).

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