JBI, Inc. Reaches Settlement With the SEC; Awaits Court Approval
January 23 2013 - 11:00AM
Marketwired
JBI, Inc. (the "Company") (OTCQB: JBII) announced today that the
Securities and Exchange Commission (SEC) has approved settlement of
the previously disclosed lawsuit against the Company and its former
chief executive officer, John Bordynuik, filed by the Division of
Enforcement staff.
The lawsuit arises from the restatement of the Company's
financial statements as of and for the periods ended September 30,
2009 and December 31, 2009. Under the proposed settlement, for
which the SEC staff is seeking approval by the Court, the Company
and Mr. Bordynuik would consent to the entry of orders enjoining
them from future violations of certain provisions of the federal
securities laws (including the antifraud, reporting and books and
records provisions), and requiring the Company and Mr. Bordynuik to
pay civil penalties of $150,000 and $110,000, respectively. The
contemplated settlement does not require payment of "disgorgement"
or other amounts. The proposed order against Mr. Bordynuik would
include a five-year officer/director bar. Mr. Bordynuik stepped
down from his officer and director positions with the Company in
May 2012 and currently serves as its Chief of Technology, a
non-officer position.
The Company notes that the Court has discretion regarding
whether, and when, the proposed settlement will be approved and
final judgments issued. The proposed settlement, if approved by the
Court, would fully resolve the dispute with the SEC evidenced by
the lawsuit filed in January 2012.
The Company's CEO, Kevin Rauber, stated: "This is a very
positive development in the life of our company, and we are pleased
that this matter has been resolved."
About JBI, Inc.
JBI, Inc. is a leading clean energy company that recycles waste
plastic into liquid fuels. JBI's proprietary Plastic2Oil technology
can deliver economic and environmental benefits by replacing
refined fuels and diverting waste plastic from landfills. For
further information, please visit www.plastic2oil.com.
Forward-Looking Statements
This press release contains statements, which may constitute
"forward-looking statements" within the meaning of the Securities
Act of 1933 and the Securities Exchange Act of 1934, as amended by
the Private Securities Litigation Reform Act. The Private
Securities Litigation Reform Act of 1995 (PSLRA) implemented
several significant substantive changes affecting certain cases
brought under the federal securities laws, including changes
related to pleading, discovery, liability, class representation and
awards fees as of 1995. Those statements include statements
regarding the intent, belief or current expectations of JBI, and
members of its management as well as the assumptions on which such
statements are based, including the expected timing of the
Company's Form 10-K, execution of the proposed agreements described
above and consummation of the transactions contemplated by such
agreements. Prospective investors are cautioned that any such
forward-looking statements are not guarantees of future performance
and involve risks and uncertainties, and that actual results may
differ materially from those contemplated by such forward-looking
statements. Such risks include, but are not limited to: (1) JBI has
a history of net losses, and may not be profitable in the future;
(2) JBI may not be able to obtain necessary licenses, rights and
permits required to develop or operate our Plastic2Oil business,
and may encounter environmental or occupational, safety and health
conditions or requirements that would adversely affect its
business; and (3) JBI may experience delays in the commercial
operations of its Plastic2Oil machines and there is no assurance
that they can be operated profitably. For a more detailed
discussion of such risks and other factors, see the Company's
Annual Report on Form 10-K, filed with the SEC on March 19, 2012,
as amended on April 30, 2012, and its other SEC filings. The
Company undertakes no obligation to update or revise
forward-looking statements to reflect changed assumptions, the
occurrence of unanticipated events or changes to future operating
results.
CONTACT Chris Irons JBI, Inc. Investor Relations
1.716.471.5995 ir@jbi.net MEDIA INQUIRIES media@jbi.net or
please visit the JBI, Inc. Newsroom at
http://www.plastic2oil.com
Plastic2Oil (PK) (USOTC:PTOI)
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