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Univ. of Toledo College of Law

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Friday, December 16, 2011

SEC Charges Rudy with Fraud in Sports Drink Venture

The SEC charged Daniel Ruettiger and 12 other participants in a scheme to deceive investors into buying stock in his sports drink company. Apparently Ruettiger was the inspiration for the 1993 motion picture "Rudy." 

According to the SEC, Ruettiger founded Rudy Nutrition, which produced and sold modest amounts of a sports drink called “Rudy” with the tagline “Dream Big! Never Quit!” However, the company primarily served as a vehicle for a pump-and-dump scheme that occurred in 2008 and generated more than $11 million in illicit profits.

The SEC alleges that investors were provided false and misleading statements about the company in press releases, SEC filings, and promotional materials. For example, a promotional mailer to potential investors falsely claimed that in “a major southwest test, Rudy outsold Gatorade 2 to 1!” A promotional e-mail falsely boasted that in “several blind taste tests, Rudy outperformed Gatorade and Powerade by 2:1.” Meanwhile, the scheme’s promoters engaged in manipulative trading to artificially inflate the price of Rudy Nutrition stock while selling unregistered shares to investors. The SEC suspended trading and later revoked registration of the stock in late 2008. Rudy Nutrition is no longer in business.

Ruettiger and 10 of the scheme’s other participants have agreed to settle the SEC’s charges without admitting or denying the allegations. The settlements, which are subject to court approval, impose penny stock bars and officer-and-director bars as appropriate. Ruettiger agreed to pay $382,866 in settling the charges, and other participants consented to final judgments also ordering disgorgement, prejudgment interest, and financial penalties.

http://lawprofessors.typepad.com/securities/2011/12/sec-charges-rudy-with-fraud-in-sports-drink-venture.html

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