A federal court in Boston last week entered judgments against a publicly traded company purportedly serving medical marijuana businesses over allegations that it defrauded investors by lying about the company’s true owner.

Cannabiz Mobile and James Gondolfe, its sole officer and director, will pay totals of $786,694 and $266,681, respectively.

In May 2016, the SEC charged Gondolfe and Cannabiz, both of Cambridge, and two other individual defendants and one company defendant, in a scheme to defraud investors by concealing the ownership and control of Cannabiz by Christopher Esposito of Topsfield.

Authorities said that between early 2014 and August 2015, Esposito and Anthony Jay Pignatello of Manhattan Beach, Calif., concealed Esposito’s de facto control of Cannabiz and a large percentage of its securities in order to profit by evading an SEC rule that limits securities sales by affiliates, including control persons. The SEC said they did this by installing Gondolfe as the sole officer and director of Cannabiz and having him make false statements in the company’s public filings and other documents.

The SEC said that Gondolfe’s actions allowed Esposito to pay third-party stock promoters to tout Cannabiz stock in order to increase its stock price and trading volume, sell significant amounts of convertible debt to others for almost $304,000, and with Pignatello and Renee Galizio of Loxahatchee, Florida, sell millions of shares of Cannabiz stock directly into the public market.

The final judgments, which were entered by default by the Honorable Allison D. Burroughs of the United State District Court for the District of Massachusetts, enjoin Gondolfe and Cannabiz from future violations of Sections 5 and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Gondolfe must also pay disgorgement and pre-judgment interest in the total amount of $106,681 plus a $160,000 civil penalty, and Cannabiz must pay disgorgement and pre-judgment interest in the total amount of $11,694 plus a $775,000 civil penalty. Gondolfe is also barred from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act and is permanently barred from participating in an offering of a penny stock.

Feds Penalize Medical Marijuana Company For Fraud

by Banker & Tradesman time to read: 1 min
0