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Securities
Division Orders Halt to Ads Offering Unregistered Securities
in the Form of “Secured Notes”
BALTIMORE,
MD ( February 1, 2010) - Attorney General Douglas
F. Gansler announced today that his Securities Division has
issued a Summary Order to Cease and Desist against a Baltimore
company advertising in a local paper, widely read by senior
citizens, offering secured notes backed by real estate. The
Order names Patuxent Management LLC, Patuxent Development Inc.,
and Antonio Almenara, and orders that they cease all offers
and sales of the unregistered securities.
One ad, published in
the January 2010 edition of The Beacon, presents an opportunity
to, “INVEST AT 8% SECURED,” and adds
that the “Notes [are] fully secured by local real estate.” The
ad further states that “IRA or Pension funds are acceptable” for
investment. Potential investors are told to call Patuxent Management
LLC at a “301” telephone number or to use an apparent
e-mail address. The Order asserts that the alleged “notes” constitute
promissory notes or investment contracts, two types of passive
investments that are defined as “securities” under
the Maryland Securities Act. As such, they must be registered prior
to offer or sale in Maryland.
“Ads in Maryland offering unregistered, non-exempt securities
are unlawful,” said Attorney General Gansler. “But
ads for something as potentially risky as real estate backed investments,
aimed at our senior population, are particularly troubling.”
The Maryland Securities
Division has no record of securities registration for an offering
by the name of “Patuxent Management LLC” or “Patuxent
Development Inc.,” and no claim of exemption from registration
or status as a federal-covered security has been made with the
Division. Furthermore, Patuxent Management LLC, Patuxent Development
Inc., and Antonio Almenara are not registered with the Division
as a broker-dealer, securities agent, investment advisor or investment
advisor representative.
“The lure of a secured rate and the appeal to pension or
IRA funds are clearly aimed at persons with concerns over retirement
funding,” said Attorney General Gansler. “The absence
of any filings with my office indicates the promoters are not adhering
to State law, and may not even be identifiable should the investment
go bad.”
The Office of Attorney General is asking anyone who purchased
these notes to contact the Securities Division at 410-576-7047.
Additionally, investors can contact the Securities Division at
410-576-6360 if they have questions concerning the status of investment
promoters or the securities in which they plan to invest. Potential
investors are always cautioned to call the Securities Division
to thoroughly check out any securities broker-dealers, agents,
investment advisors, investment advisor representatives, financial
planners, the registration status of securities, or to report suspected
fraud.
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