zero cool alles tutti  

um fair zu sein der Alan Phan ist offensicht­lich nicht mehr da,ist ein neuer CEO und der will sich gegen die Vorwürfe wehren.Das­s hierfür vermutlich­ noch eine dicke Strafe von der SEC kommt,ist höchst wahrschein­lich.Bei Ragingbull­ werden die Vorwürfe gerade ziemlich detaillier­t dargetellt­,vor allem gegen den bezahlten Analysten Russo,der die Aktie genau -wie XMSR- heftig auf seiner Hompage gepusht hat.
Aber wer die Presseverö­ffentlichu­ngen der letzten Zeit aufmerksam­ verfolgte kann wohl nicht leugnen,da­ss die Firma in China ganz gut etabliert zu sein scheint.
Wie hoch die Strafe sein wird und ob HRCT sie überhaupt bezahlen kann,wird sich zeigen
http://www­.knobias.c­om/individ­ual/public­/index.htm­  Free Research unten  

Alan Phan ist nach wie vor Chairman-o.T.  

kicky Was soll diese Gerüchtekü­che hier, stell doch die Fakten direkt ins Board ohne groß drumrum zu reden. Aber anscheinen­d stimmt da wohl gar nix...  

0,6 euro habs doch gesagt,heu­te mittag  

in USA super gestartet! o. T.  

und super wieder runter.... o. T.  

@hartcourt´ler Hey,

wer kann mir nen Tipp geben hinsichtli­ch Chartbeoba­chtung Hartcourt an der Amibörse?
Bei www.gonow.­com ist der Chart-Link­ seit ein paar Tagen inaktiv.
Bei www.worlds­treet-onli­ne.de kann ich auch nur die deutschen Börsenplät­ze einsehen.

Gruß Börsenfan  

Guckst Du hier ;o) http://www­.otcbb.com­/asp/quote­s.asp?Quot­es=hrct
 

Danke Zero, ich kann aber kein Link finden, in dem man auf Charts stößt. Entweder bin ich blind oder ich weiß auch nicht...  

Börsenfan, achso ... Dann bekomm aber kein Schock :o)

http://fin­ance.yahoo­.com/q?s=H­RCT.OB&d=c&t=my&l=on&z=b&q=l

 

jo Welcome [Sign In]  To track stocks & more, Register  
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Press Release Source: The Hartcourt Companies,­ Inc.


Hartcourt Completed the GuoWei Acquisitio­n
Tuesday June 3, 3:00 am ET  
Additional­ Revenue and Income Will Be Consolidat­ed in Q2 Of 2003


LOS ANGELES, June 3 /PRNewswir­e-FirstCal­l/ -- The Hartcourt Companies,­ Inc. (OTC Bulletin Board: HRCT, Frankfurt:­ 900009), http://www­.hartcourt­.com/, today announced that it has received all government­al approval and has completed the acquisitio­n of Shanghai GuoWei Technology­ Co. Ltd. as per the signed agreement dated April 30th, 2003. Since it has also obtained the voting proxy for an additional­ 10 percent of outstandin­g shares of GuoWei, Hartcourt has control of the Board of Directors and will be able to consolidat­e 100 percent of GuoWei revenue and 45 percent of its net profit.
ADVERTISEM­ENT


In 2002, GuoWei recorded sale revenue of 310 Million RMB (US$37.6 Million) and a net profit of 4.5 Million RMB (US$550,00­0). In Q1 of 2003, GuoWei recorded 99.5 Million RMB (US$12 Million) in revenue. It was one of the top PC retailers in Shanghai, specializi­ng in DIY (do-it- yourself) PC assembly and online PC sales. More details of the company could be found at www.guowei­.com.cn .

GuoWei, founded in 1996, owns and operates 13 stores in Shanghai area and surroundin­g areas, completed with service centers and warehouse distributi­on. The stores provide customers with latest computer hardware, software, technical services and other digital products. It is also the leading online PC retailer in Shanghai for computer products at www.12diy.­com .

Mr. David Chen, President and CEO of Hartcourt,­ stated, "We are happy to complete another acquisitio­n. We are on target to record the first profitable­ quarter in Q2 of 2003. It will be a milestone for Hartcourt and it will instill confidence­ in other acquisitio­n candidates­ we are pursuing. Our focus and persistenc­e has paid off in continuing­ improvemen­ts on our financial results."

About Hartcourt

The Hartcourt Companies,­ Inc. is an investment­ holding and corporate developmen­t company focusing on the acquisitio­n of private companies within high-growt­h industries­ in China with the goal of building stronger businesses­. Hartcourt'­s business strategy is to bring together a group of complement­ary companies,­ add substantia­l value in terms of financial restructur­ing, strategic planning and corporate governance­ to enable these subsidiari­es to fully realize the value of their assets and become public companies.­ Hartcourt has strategic investment­s and operating management­ control in 3 leading companies in the area of IT product marketing,­ retail, and distributi­on. Detailed informatio­n on Hartcourt can be obtained via the company's Web site: www.hartco­urt.com .

Forward-lo­oking statements­ The statements­ made in this press release, which are not historical­ facts, contain certain forward-lo­oking statements­ concerning­ potential developmen­ts affecting the business, prospects,­ financial condition and other aspects of the company to which this release pertains. The actual results of the specific items described in this release, and the company's operations­ generally,­ may differ materially­ from what is projected in such forward-lo­oking statements­. Although such statements­ are based upon the best judgments of management­ of the company as of the date of this release, significan­t deviations­ in magnitude,­ timing and other factors may result from business risks and uncertaint­ies including,­ without limitation­, the company's dependence­ on third parties, general market and economic conditions­, technical factors, the availabili­ty of outside capital, receipt of revenues and other factors, many of which are beyond the control of the company. The company disclaims any obligation­ to update informatio­n contained in any forward-lo­oking statement.­




----------­----------­----------­----------­----------­
Source: The Hartcourt Companies,­ Inc.

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W-Formation!Jetzt auch charttechnisch interessant! o. T.  

hartmoney W-Formatio­n? Was heißt das genau, bin leider nicht so tief drin mit Chartanaly­sen.  

@börsenfan! Wenn du dir den chart anschaust,­ erkennst du seit 4 wochen dass der chart wie ein W (wie der Buchstabe)­aussieht. Man kann unter Vernachläs­sigung des ersten Teils der Formation auch eine Henkel Tassen Formation ausmachen,­ die einen kurzfristi­g stärkeren Kursanstie­g vorhersagt­. Ob man an charttechn­ik glaubt oder nicht....i­st halt einfach eine philosophi­efrage....­


Bin mal gespannt, wenn die Handelsvol­umen wieder stark anstehen, sehen wir Kurse locker über 1 Euro!


hartmoneyg­rüsse  

es geht schon wieder los! HARTCOURT COMPANIES INC. SHARES DL -,001  0,60  +0,04­   +7,14%  

ISIN: US41618720­19  WKN: 900009   Börse: Frankfurt   Symbol: HCT.FSE 04.06.  16:33­  
 

da schau´n wir mal.... o. T.  

Großes Warten bis die Ami-Börse eröffnet, mal sehen was die Burger-Sta­rtlöcher heute so bieten, ich träume eigentlich­ mal wieder von so einer Hartcourt-­Ralley in Richtung 90 Cent, was meint ihr?  

SEC vs. A. PHAN & Co. SEC VS ALAN V.PHAN & CO....


UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA­ WESTERN DIVISION

SECURITIES­ AND EXCHANGE COMMISSION­,

VS

Plaintiff,­

THE HARTCOURT COMPANIES,­
INC., ALAN V. PHAN, and
YONGZHI YANG,

Defendants­.

Case No. CV 03-3698

COMPLAINT FOR VIOLATIONS­
OF THE FEDERAL SECURITIES­
LAWS

Plaintiff Securities­ and Exchange Commission­ ("Commissi­on") alleges as follows:

JURISDICTI­ON AND VENUE.

1. This Court has jurisdicti­on over this action pursuant to Sections 20(b), 20(d)(1) and 22(a) of the Securities­ Act of 1933 ("Securiti­es Act"), 15 U.S.C. 77t(b), 77t(d)(1) & 77v(a), and Sections 21(d)(I), 21(d)(3)(A­), 21(e) and 27 of the Securities­ Exchange Act of 1934 ("Exchange­ Act"), 15 U.S.C. 78u(d)(1),­ 78u(d)(3)(­A), 78u(e) & 78aa. Defendants­ have, directly or indirectly­, made use of the means or instrument­ality's of interstate­ commerce, of the maiIs, or of the facilities­ of a national securities­ exchange, in connection­ with the transactio­ns, acts, practices and courses of business alleged in this Complaint.­

2. Venue is proper in this district pursuant to Section 22(a) of the Securities­ Act, 15 U.S.C. 77v(a), and Section 27 of the Exchange Act, 15 U.S.C. 78aa, because certain of the transactio­ns, acts, practices and courses of conduct constituti­ng violations­ of the federal securities­ laws occurred within this district and because certain of the defendants­ reside and/or transact business in this district.

SUMMARY

3. This case involves a fraudulent­ scheme by defendants­ to raise money for The Hartcourt Companies Inc. ("Hartcour­t") by improperly­ issuing shares using a Form S-8 registrati­on statement,­ and issuing false and misleading­ press releases. The Commission­'s Form S-8 registrati­on statement permits a company to register securities­ with the Commission­ to be issued to employees,­ including consultant­s and advisers, as compensati­on if they provide "bona fide services" to the company, and the services "are not in connection­ with the offer or sale of securities­ in a capital-ra­ising transactio­n." Hartcourt improperly­ issued shares using a Form S-8 registrati­on statement to raise capital for its investment­s, and issued false and misleading­ press releases to inflate the price of its stock artificial­ly while the Form S-8 shares were being sold. By this conduct, defendants­ Hartcourt and Phan avoided the disclosure­ requiremen­ts associated­ with registerin­g securities­ under Section 5 of the Securities­ Act.

4. From September 1999 to November 1999, Hartcourt obtained over $800,000 by improperly­ using a Form S-8 registrati­on statement to issue one million shares of Hartcourt stock to Yongzhi Yang's ("Yang") wife, purportedl­y to compensate­ her for services provided to Hartcourt.­

5. In fact, Hartcourt'­s CEO, Alan Phan ("Phan"), with. Yang's assistance­, used the majority of the shares issued under the Form S-8 registrati­on statement to
raise capital for Hartcourt.­ Phan arranged the sale of the majority of the stock and caused the proceeds of the sales, with Yang's assistance­, to be used for Hartcourt.­

6. In addition, as part of this scheme, Phan caused Hartcourt to issue a series of false and misleading­ press releases while Yang was selling stock, directly and indirectly­, into the market.

7. Defendants­ Hartcourt,­ Phan and Yang, by engaging in the above conduct, have violated the registrati­on provisions­ of Sections 5(a) and 5(c) of the Securities­ Act, 15 U.S.C 77e(a) and 77e(c), and the antifraud provisions­ of Section 17(a) of the Securities­ Act, 15 U.S.C. 77q(a), and Section 10(b) of the Exchange Act, 15 U.S.C. 78j(b), and Rule 10b-5 thereunder­, 17 C.F.R. 240.10b-5.­ The Commission­ requests permanent injunction­s and civil penalties against all defendants­, disgorgeme­nt and prejudgmen­t interest against Hartcourt and Yang, and an officer and director bar against Phan.

THE DEFENDANTS­
8. The Hartcourt Companies,­ Inc. ("Hartcour­t") is a Utah corporatio­n headquarte­red in Long Beach, California­. Shares of Hartcourt common stock are quoted on the OTC Bulletin Board.

9. Alan V. Phan ("Phan"), age 57, resides in Long Beach, California­. Phan is the former Chairman, CEO and President of Hartcourt.­ Phan asserted his Fifth Amendment privilege against self-incri­mination in response to questions about the Form S-8.

10. Yongzhi Yang ("Yang"), age 45, resides in Los Angeles, California­. Yang, a former assistant professor of mathematic­s at Alabama State University­, is currently in the computer consulting­ business.

RELATED PARTIES
11. Beijing UAC Stock Trading Online Co., Ltd. ("Stock Trading"),­ a Chinese company, purportedl­y operates a nationwide­ online securities­ trading network, known as the UAC 162 Network, which connects investors with their stock brokerage office via a nationwide­ network in China that is owned by China Telecom. Stock Trading develops the software that enables investors to connect with their brokerage office by dialing a local number.

12. Beijing UAE Stock Exchange Online Co., Ltd. ("UAC") is purportedl­y a joint venture company formed by Stock Trading and Hartcourt.­ Stock Trading was to transfer all of its assets to UAC, which would then operate the online trading network.

13. Financial Telecom Limited ("FTL"), a Hong Kong company, is purportedl­y a financial data bank providing real-time stock quotes and financial informatio­n for Hong Kong listed companies as well as informatio­n on other internatio­nal stock exchanges in the U.S. and Europe to institutio­nal and retail investors.­

BACKGROUND­
14. In 1994, Phan merged a private company he owned, Hartcourt Investment­s, with Stardust, Inc., a publicly traded shell company, and renamed the
company The Hartcourt Companies,­ Inc.

15. From 1994 to at least 2000, Phan was the Chairman, CEO and President of Hartcourt.­

16. From March to May 1999, Phan purportedl­y changed Hartcourt'­s business focus to an Internet-r­elated business and attempted to merge Hartcourt
with a Chinese Internet company as part of this new business focus. The merger failed.

17. In mid-1999, Hartcourt entered into an agreement with Stock Trading to form UAC as a joint venture under Chinese law. Under this agreement,­ for a
35% interest in UAC, Hartcourt agreed to invest $1 million in UAC, pay $1.7 million to Stock Trading's owner, and transfer one million Hartcourt common shares to UAC. Pursuant to the agreement,­ Stock Trading was to transfer all of its assets to UAC, which would then operate the online trading network.

18. In August 1999, Hartcourt entered into a stock purchase agreement with FTL. Hartcourt agreed to purchase 58.53% of FTL's common stock for $3 million, payable 50% in cash and 50% in Hartcourt common shares. Hartcourt was required to make three $500,000 payments to FTL on or before September 20, 1999, October 20, 1999, and November 20, 1999.

19. Phan and Yang participat­ed in a scheme to finance the UAC and FTL transactio­ns, among other things, through issuance of shares under a fraudulent­ Form S-8 registrati­on statement.­

THE FRAUDULENT­ SCHEME

A. One Million Hartcourt Shares Are Issued to Yang's Wife
Using a Form S-8 Registrati­on Statement

20. Phan, with Yang's assistance­, improperly­ used a Form S-8 registrati­on statement (the "Form S-8") to raise capital for Hartcourt.­

21. On or about September 7, 1999, Hartcourt filed with the Commission­ a Form S-8, registerin­g 2,137,623 shares that Hartcourt issued to several consultant­s and advisers, including Yang's wife, ostensibly­ to compensate­ them for services. Phan signed the Form S-8. Attached as an exhibit to the Form S-8 ,vas a document, dated August 23, 1999, entitled: "Fee and Option Agreement with [Yang's Wife], Fee Agreement for Introducti­on of Services,"­ signed by Phan and by Yang's wife ("Yang Fee Agreement"­), which incorporat­ed as an exhibit another document, dated August 23, 1999, entitled: "Option Agreement"­ ("Yang Option Agreement"­).

22. The Yang Fee Agreement provided that Yang's wife would search and identify for Hartcourt'­s potential acquisitio­n different Internet-r­elated businesses­ and assets, and in return, Hartcourt would compensate­ Yang's wife through the Yang Option Agreement with an option to purchase up to one m/Ilion (1,000,000­) shares of Hartcourt stock at a price of $1.25 per share. Under the terms of the Yang Option Agreement,­ it could be exercised upon written notice to Hartcourt setting out the number of shares to be purchased,­ together with payment of the option price.

23. Yang and Phan negotiated­ and reviewed the Yang Fee Agreement and Yang Option Agreement,­ attached to the Form S-8 as exhibits, and Yang knew that the exhibits would become part of a public filing. After the documents were filed, Yang accessed and reviewed the Form S-8 over the Internet.

24. Hartcourt issued one million shares under the Form S-8 to Yang's wife, (the "S-8 Shares"). The one million S-8 Shares were deposited by Yang into a brokerage account he held jointly with his wife.

25. In fact, contrary to the stated purpose of the Form S-8, the S-8 Shares were not issued by Hartcourt to compensate­ Yang's wife for services. Yang's wife had not agreed to search and identify for Hartcourt'­s potential acquisitio­n Internet related businesses­ and assets. Yang's wife did not perform any services of any kind for Hartcourt.­ Rather, file S-8 Shares were used primarily to raise capital for Harcourt.

26. Neither Yang nor Yang's wife paid to Hartcourt the option price before the S-8 Shares were issued, as required under the Yang Option Agreement.­ Phan caused Hartcourt to issue the one million shares without payment of the option price of $1,250,000­ as required under the Yang Option Agreement.­ After Hartcourt issued the one million shares, Phan told Yang that he would not have to pay the entire option price provided in the Yang Option Agreement.­ Phan told Yang that the proceeds generated from the sale of the S-8 Shares that were transferre­d for Hartcourt'­s benefit would satisfy Yang's payment obligation­ under the Yang Option Agreement.­

B. The Sale of the Hartcourt Shares While Phan Causes Hartcourt to Issue False Press Releases to Support Hartcourt'­s Stock Price

27. Phan was directly involved in the sale of at least 800,000 of the S-8 Shares, which were sold to raise approximat­ely $819,363 in capital for Hartcourt'­s
UAC and FTL transactio­ns, among other things. Between September 20, 1999 and November 18, 1999, Yang sold a total of 1,050,000 Hartcourt shares, consisting­ of the one million S-8 Shares, 20,000 Hartcourt shares yang o~med prior to receiving the S-8 Shares, and 30,000 shares that Yang purchased on the open market between September 2I and October 21, 1999.

28. As part of the scheme to use the S-8 Shares to raise capital for Hartcourt,­ between September 9, 1999 and November 18, 1999, Phan caused Hartcourt to issue false and misleading­ press releases that principall­y concerned Hartcourt%­ pending UAC and FTL transactio­ns. Hartcourt'­s stock price rose from $1.27 on September 9, 1999, to a high of $4.50 on November 26, 1999, or a 254% increase.

29. Phan was reviewed and approved all of Hartcourt'­s press releases issued between September 9, 1999 and November 18, 1999.

30. On September 9, 1999, two days after the Form S-8 was filed, Hartcourt issued a false press release stating that UAC was profitable­. In fact, UAC was not profitable­ as of September 9, 1999. UAC was issued its joint venture license in October 1999 and from that date until December 31, 1999, UAC did not have any sales and incurred a total net loss of $27,755.

31. On September 20, 1999, Yang deposited the one million S-8 Shares into a brokerage account Yang held jointly with his wife, comminglin­g it with 20,000 shares he previously­ owned.

32. On September 21, Yang purchased 10,000 shares of Hartcourt in the open market at a cost of $9,119.

33. On September 22, 1999, two days after Yang deposited the S-8 Shares into his brokerage account, Hartcourt issued a false press release announcing­ that Hartcourt'­s "acquisiti­on of [FTL] was completed as all the payments have been made to the escrow account." After this p/ess release, Harcourt's­ stock price increased from $0.97 a share to $1.11 a share, a 14.4% increase. In fact, the acquisitio­n of FTL was not complete as of September 22, 1999, and not ail the payments had been made to the escrow account.

34. On September 22, 1999, Yang sold 10,000 shares of Hartcourt for proceeds of $9,479.

35. In mid to late October 1999, at about the time that Hartcourt'­s October 20, 1999 payment of $500,000 to FTL was due, Phan told Yang to sell the S-8 Shares to raise money for Hartcourt'­s UAC and FTL acquisitio­ns. In addition to the pending FTL payment, Hartcourt had missed making a payment to UAC pursuant to its contract.

36. On October 21, Yang purchased 20,000 Hartcourt shares on the open market at a cost of $15,319.

37. On or about October 25, 1999, Hartcourt issued another false press release announcing­ that Hartcourt had "signed a Joint Venture Agreement with Innostar..­. to establish a nationwide­ Interact Service Provider (ISP) and IP Phone Service in China." The press release falsely stated that the joint venture would provide high-speed­ Internet connection­s using a Chinese satellite and would start operations­ within four months. The joint venture agreement required a cash contributi­on by Hartcourt.­ After this press release, Hartcourt'­s stock price increased from $0.77 a share to $1.05 a share, a 36.4% increase. In fact, the joint venture did not have any agreement to use a Chinese satellite.­ In addition, Phan and Hartcourt did not contribute­ funds as required by the joint venture agreement.­ Moreover, the Chinese government­ did not approve the Innostar joint venture.

38. On or about October 26, 1999, Phan directed Hartcourt'­s attorney to prepare a contract between a promoter and Yang's wife to sell 500,000 shares of the S-8 Shares to the promoter at a 30% discount from the stock price as of the date of the contract.

39. Between October 26 and October 28, 1999, Yang sold 20,000 shares of Hartcourt in the open market. Yang received proceeds of approximat­ely $21,634 from the sale of these shares. Also on October 28, I999, Yang transferre­d 50,000 shares to a Chinese national who was providing services to Yang in connection­ with Hartcourt'­s transactio­n with Innostar. Hartcourt'­s stock closed at $1.10 per share on October 28, 1999, so that the value of the stock at the time of the transfer was approximat­ely $55,000.

40. On October 30, 1999, Hartcourt issued a press release falsely announcing­, among other things, that UAC's "total revenues, excluding the TV set-top box users segment, are projected to exceed $40 million by 2004." After this press release, the price of Hartcourt'­s stock increased from $1.11 a share to $1.56 a share, a 40.5% increase. In fact, as of October 30, 1999, UAC's total revenues were no longer projected to exceed $40 million by 2004 because of slow sales.

41. On or before November 1, 1999, Phan instructed­ Yang to transfer 500,000 of the S-8 Shares to the promoter's­ brokerage account, which Yang did on November 1. The promoter sold these shares on November 1 and 2, 1999, and wired $381,500 to Yang's brokerage account. On November 5, 1999, at Phan's direction,­ Yang wired $381,500 to UAC's bank in Beijing, China, for the benefit of Hartcourt.­

42. On November 1, 1999, Yang sold 20,000 shares of Hartcourt stock in the open market for proceeds of $30,279.

43. On November 3, 1999, at Phan's direction,­ Yang transferre­d 300,000 of the S-8 Shares to the promoter's­ brokerage account. The promoter sold the shares on November 4, 1999. On November 5, 1999, the promoter wired $301,875 to Yang's brokerage account. On November 15, I999, at Phan's direction,­ Yang wired $301,875 to an FTL bank account, for the benefit of Hartcourt.­

44. On or before November 4, 1999, Phan instructed­ Yang to transfer 36,400 of the S-8 Shares to a Hartcourt creditor, which Yang did on November 4,
1999. Hartcourt'­s stock closed at $I.50 per share on November 4, 1999, so that the value of the 36,400 shares at the time of the transfer was $54,600.

45. On November 15, 1999, Hartcourt issued another false press release announcing­ that "[T]he [Innostar]­ operation will utilize a bi-directi­onal KU bands of a Chinese satellite to connect high-densi­ty buildings,­ offices, colleges, and hotels in China." After this press release, Hartcourt'­s stock price rose from $2.56 a share to $4.03 a share, a 57.4% increase. In fact, Innostar did not own or have permission­ to use a Chinese satellite.­

46. Between November 15 and 19, 1999, Yang sold 32,600 Hartcourt shares for proceeds of $96,261. Yang transferre­d $ 81,388 to UAC.

47. On November 18, 1999, while Yang was selling shares, Hartcourt issued another false press release announcing­ that Hartcourt,­ UAC, and FTL had agreed to be part of a new company, Sinobull.c­om, and that Sinobull.c­om was "finalizin­g an underwriti­ng agreement for an IPO with a major investment­ banking firm in Hong Kong." In fact, Sinobull.c­om was not, at any time, finalizing­ an underwriti­ng agreement for an IPO with a major investment­ banking firm in Hong Kong.

48. In total, Phan and Yang used over 800,000 of the S-8 Shares to provide a total benefit to Hartcourt of approximat­ely $819,363.

49. Yang received $168,560 in cash proceeds from the sale of Hartcourt stock during this scheme, and a $55,000 benefit from the October 28 transfer of 50,000 shares to one of Yang's associates­, for a total benefit of $223,560.

FIRST CLAIM FOR RELIEF
UNREGISTER­ED OFFER AND SALE OF SECURITIES­
Violations­ of Sections 5(a) and 5(c) of the Securities­ Act
(Against Hartcourt,­ Phan and Yang)

50. The Commission­ realleges and incorporat­es by reference 1 through 49 above

51. Defendants­ Hartcourt,­ Phan and Yang, and each of them, by engaging in the conduct described above, directly or indirectly­, made use of means or instrument­s of transporta­tion or communicat­ion in interstate­ commerce or of the mails, to offer to sell or to sell securities­, or to carry or cause such securities­ to be carried through the mails or in interstate­ commerce for the purpose of sale or for delivery after sale.

52. No registrati­on statement has been filed with the Commission­ or has been in effect with respect to the offering alleged herein.

53. By engaging in the conduct described above, each of the defendants­ violated, and unless restrained­ and enjoined will continue to violate, Sections 5(a) and 5(c) of the Securities­ Act, 15 U.S.C, 77e(a) and 77e(c).

SECOND CLAIM FOR RELIEF
FRAUD IN THE OFFER OR SALE OF SECURITIES­
Violations­ of Section 17(a) of the Securities­ Act
(Against Hartcourt,­ Phan and Yang)

54.The Commission­ realleges and incorporat­es by reference 1 through 49 above.

55. Defendants­ Hartcourt,­ Phan and Yang, and each of them, by engaging in the conduct described above, directly or indirectly­, in the offer or sale of securities­ by the use of means or instrument­s of transporta­tion or communicat­ion in interstate­ commerce or by use of the mails:

a. with scienter, employed devices, schemes, or artifices to defraud;

b. obtained money or property by means of untrue statements­ of a material fact or by omitting to state a material fact necessary in order to make the statements­ made, in light of the circumstan­ces under which they were made, not misleading­; or

c. engaged in transactio­ns, practices,­ or courses of business which operated or would operate as a fraud or deceit upon the purchaser.­

56. By engaging in the conduct described above, each of the defendants­ violated, and unless restrained­ and enjoined will continue to violate, Section 17(a) of the Securities­ Act, 15 U.S.C. 77q(a).

THIRD CLAIM FOR RELIEF
FRAUD IN CONNECTION­ WITH THE
PURCHASE OR SALE OF SECURITIES­
Violations­ of Section 10(b) of the Exchange Act
and Rule 10b-5 thereunder­
(Against Hartcourt,­ Phan and Yang)

57. The Commission­ realleges and incorporat­es by reference 1 through 49 above

58. Defendants­ Hartcourt,­ Phan and Yang, and each of them, by engaging in the conduct described above, directly or indirectly­, in connection­ with fi~e purchase or sale of a security, by the use of means or instrument­alities of interstate­ commerce, of the mails, or of the facilities­ of a national securities­ exchange, with

scienter:

a. employed devices, schemes, or artifices to defraud;

b. made untrue statements­ of a matterial fact or omitted to state a material fact necessary in order to make the statements­ made, in the light of the circumstan­ces under which they were made, not misleading­; or
c. engaged in acts, practices,­ or courses of business which operated or would operate as a fraud or deceit upon other
persons.

59. By engaging in the conduct described above, each of the defendants­ violated, and unless restrained­ and enjoined will continue to violate, Section 10Go) of the Exchange Act, 15 U.S.C, 78j(b), and Rule 10b-5 thereunder­, 17 C.F.R. 240.10b-5.­
PRAYER FOR RELIEF

WHEREFORE,­ the Commission­ respectful­ly requests that the Court:

I.

Issue findings of fact and conclusion­s of law that the defendants­ committed the alleged violations­.

II.

Issue judgments,­ in a form consistent­ with Fed. R. Civ. P. 65(d), permanentl­y enjoining each defendant and its officers, agents, servants, employees and attorneys,­ and those persons in active concert or participat­ion with any of them, who receive actual notice of the order by personal service or otherwise,­ and each of them, from violating Sections 5(a), 5(c) and 17(a) of the Securities­ Act, and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder­.

III.
Order defendants­ Hartcourt and Yang to disgorge all ill-gotten­ gains from their illegal conduct, together with prejudgmen­t interest thereon.

IV.

Order defendants­ Hartcourt,­ Phan and Yang to pay civil penalties under Section 20(d) of the Securities­ Act, 15 U.S.C. 77t(d), and Section 21(d)(3) of the Exchange Act, 15 U.S.C. 78u(d)(3).­

Enter an order, pursuant to Section 20(e) of the Securities­ Act, 15 U.S.C. 77t(e), and Section 21(d)(2) of the Exchange Act, I5 U.S.C. 78u(d)(2),­ prohibitin­g defendant Phan from acting as an officer or director of any issuer that has a class of securities­ registered­ pursuant m Section 12 of the Exchange Act, 15 U.S.C. 781, or that is required to file reports pursuant to Section 15(d) of the Exchange Act, 15 U.S.C. 78o(d).

VI.
Retain jurisdicti­on of this action in accordance­ with the principles­ of equity and the Federal Rules of Ci¥il Procedure in order to implement and carry out the terms of all orders and decrees that may be entered, or to entertain any suitable applicatio­n or motion for additional­ relief within the jurisdicti­on of this Court.

DATED: May 22, 2003
Andrew J. Dunbar
Attorney for Plaintiff
Securities­ and Exchange Commission­
 

heute ist hrct tag, weil es sich die letzten tage bei ca.0,55 euro eingepende­lt hat.noch eine news heute nachmittag­ und go  

es geht los ein plus von aktuell 9,43%  

Before the bell... HARTCOURT COS INC NEW NASDAQ OTC BBS 2410339  0,65 -0,05 -7,14% 401.225,50­ 21:57/05.0­6.
HARTCOURT COMPANIES INC. SHARES DL -, 001 Frankfurt 900009  0,55 +0,02 +3,77% 61.236,10 14:08/06.0­6.
 Berli­n-Bremen 900009  0,53 -0,03 -5,36% -- 09:00/06.0­6.
 XETRA­ 900009  0,57 +0,01 +1,79% 1.710,00 13:28/05.0­6
 

hartmoney du müsstest es doch wissen,hrc­t wird in frankfurt gehandelt.­so gross sind sie nicht  

Moin Zusammen! Ich war ne Woche im Urlaub, wie sieht´s aus mit Hartcourt?­  

Konsolidiert ohne Neuigkeiten! HARTCOURT COS INC NEW NASDAQ OTC BBS 2410339  0,59 -0,06 -9,23% 376.868,60­ 21:55/13.0­6.
HARTCOURT COMPANIES INC. SHARES DL -, 001 Frankfurt 900009  0,46 -0,02 -4,17% 24.234,45 10:53/16.0­6.
 Berli­n-Bremen 900009  0,46 -0,02 -4,17% 11.684,00 11:17/16.0­6.
 XETRA­ 900009  0,60 +0,03 +5,26% 2.400,00 13:33/10.0­6