The disgorged funds are to be distributed to defrauded investors pursuant to a distribution plan for beneficiaries of the AremisSoft post-bankruptcy estate. Poyiadjis also agreed to a final judgment permanently enjoining him from future violations of the antifraud, reporting, and other provisions of the federal securities laws and prohibiting him from ever acting as an officer or director of a public company. Poyiadjis consented without admitting or denying the allegations in the SEC’s complaint.
“As this case demonstrates, the SEC will vigorously prosecute illegal conduct both home and abroad that affects U.S. securities markets, will pursue the proceeds from such misconduct, and will enlist foreign authorities in its efforts to do so,” said Paul R. Berger, Associate Director of Enforcement at the SEC.
The SEC’s complaint charged that AremisSoft, its co-chairmen and co-CEOs Poyiadjis and Lycourgos Kyprianou, made fraudulent statements in public filings and press releases, including:
- reporting in AremisSoft’s 2000 financial statements millions of dollars in sales to entities that either did not exist as operating businesses or did not purchase product from AremisSoft;
- reporting in AremisSoft’s 1999 and 2000 financial statements that the company paid a total of $32.7 million to acquire three software companies, when in fact the actual purchase prices paid ranged from approximately $100,000 to $300,000; and
- misrepresenting the value of and revenue earned from a contract with Bulgaria’s Health Insurance Fund in press releases and public filings.
The SEC acknowledges the assistance of the Attorney General of the Isle of Man.