State of Missouri
Office of Secretary of State

Case No. AP-07-07

IN THE MATTER OF:

3MOM, INC.;
JMICHAEL INVESTMENTS, LLC;
JOHN SHEEHAN aka JOHN MICHAEL
aka JOHN MICHAEL SHEEHAN; and
ALESIA SHEEHAN

Respondents.

 

FINAL ORDER TO CEASE AND DESIST AND ORDER IMPOSING CIVIL PENALTIES AND COSTS

On the 16th day of August, 2007, the Enforcement Section of the Securities Division, by and through Mary S. Hosmer, Assistant Commissioner, submitted a Petition for Final Order to Cease and Desist and Payment of Civil Penalties and Costs (the “Petition”).  After reviewing the Petition, the Commissioner issues the following Final Order imposing costs and civil penalties:

  1. On January 31, 2007, the Missouri Commissioner of Securities issued an Order to Cease and Desist and Order to Show Cause Why Civil Penalties and Costs Should not be Imposed.  On that same date, notice and a copy of such Order were sent to all Respondents, by Certified U.S. Mail, pursuant to Section 409.6-604(b), RSMo. (Cum. Supp. 2006).

  2. On February 27, 2007, notices and copies of the Order to Cease and Desist and Order to Show Cause Why Civil Penalties and Costs Should Not Be Imposed sent to Respondents JMichael Investments, LLC, 3MOM, Inc., Alesia Sheehan and Michael Sheehan were returned “unclaimed” to the Commissioner.

  3. On March 22, 2007, the Commissioner was served with process pursuant to Section 409.6-611(b), RSMo. (Cum. Supp. 2006).  On March 22, 2007, notices of service and copies of the process were sent to Respondents, via Registered U.S. Mail, to their last known addresses.

  4. On April 12, 2007, notice of the service described in paragraph 3 above, with an additional notice and copy of the Order to Cease and Desist and Order to Show Cause Why Civil Penalties and Costs Should Not Be Imposed, sent to Respondent Michael Sheehan was returned “unclaimed” to the Commissioner.

  5. On April 16, 2007, notice of the service described in paragraph 3 above, with additional notices and copies of the Order to Cease and Desist and Order to Show Cause Why Civil Penalties and Costs Should Not Be Imposed, sent to Respondents JMichael Investments, LLC, 3MOM, Inc., and Alesia Sheehan were returned “unclaimed” to the Commissioner.

  6. No one has entered an appearance on behalf of any Respondent and the Commissioner has received no contact or communication from any Respondent.

  7. In its Petition the Enforcement Section of the Securities Division requested a Final Order to Cease and Desist as to all Respondents in this matter. 

  8. In its Petition the Enforcement Section of the Securities Division requested that Respondents pay, jointly and severally, the costs of investigation in this matter in the amount of four thousand one hundred sixty five dollars ($4,165).

  9. In its Petition the Enforcement Section of the Securities Division requested the Commissioner issue an Order imposing a civil penalty of $10,000 against each Respondent for multiple violations of selling unregistered securities under Section 409.3-301, RSMo. (Supp. 2006).

  10. In its Petition the Enforcement Section of the Securities Division requested the Commissioner issue an Order imposing a civil penalty of $10,000 against each Respondent for multiple violations of making untrue statements of material fact under Section 409.5-501(2), RSMo. (Supp. 2005).`

ORDER

  1. The Cease and Desist Order entered in Case Number AP-07-07 on January 31, 2007, is FINAL as to all Respondents.

  2. Pursuant to Section 409.6-604(d), RSMo., each of the Respondents shall pay, within thirty (30) days from the date of service of this Order, a separate sum of four thousand dollars ($4,000) to the State of Missouri as civil penalties for violation of Sections 409.3-301, RSMo. (Supp. 2006).  This amount shall be sent to the Secretary of State and made payable to the State of Missouri, and the Secretary of State shall forward these funds to the state treasury for the benefit of county and township school funds as provided in Article IX, Section 7 of the Constitution of Missouri.  Respondents shall deliver this payment to the Securities Division, 600 W. Main Street, PO Box 1276, Jefferson City, Missouri  65102.

  3. Pursuant to Section 409.6-604(d), RSMo., each of Respondent John Sheehan aka John Michael aka John Michael Sheehan and Respondent Alesia Sheehan shall pay, within thirty (30) days from the date of service of this Order, a separate sum of seven thousand five hundred dollars ($7,500) to the State of Missouri as civil penalties for violation of Sections 409.5-501(2), RSMo. (Supp. 2006).  This amount shall be sent to the Secretary of State and made payable to the State of Missouri, and the Secretary of State shall forward these funds to the state treasury for the benefit of county and township school funds as provided in Article IX, Section 7 of the Constitution of Missouri.  Respondents shall deliver this payment to the Securities Division, 600 W. Main Street, PO Box 1276, Jefferson City, Missouri  65102.

  4. Pursuant to Section 409.6-604(e), RSMo., Respondent John Sheehan aka John Michael aka John Michael Sheehan and Respondent Alesia Sheehan shall pay, within thirty (30) days from the date of service of this Order, the additional sum of four thousand one hundred sixty five dollars ($4,165) as reimbursement for the costs of the investigation and administration of this matter.  Respondents shall be jointly and severally liable for this amount.  This amount shall be sent to the Secretary of State and made payable to the Missouri Secretary of State’s Investor Education and Protection Fund.  Respondents shall deliver this payment to the Securities Division, 600 W. Main Street, PO Box 1276, Jefferson City, Missouri  65102.

  5. Pursuant to Section 409.6-604(f), RSMo., this matter shall be referred to the Missouri Attorney General’s Office to collect the fines and costs described in this Final Order, as necessary.

  6. This Order is in the public interest and is consistent with the purposes intended by the Missouri Securities Act of 2003.

SO ORDERED:

WITNESS MY HAND AND OFFICIAL SEAL OF MY OFFICE AT JEFFERSON CITY, MISSOURI THIS 20TH DAY OF AUGUST, 2007.

ROBIN CARNAHAN
SECRETARY OF STATE

(Signed/Sealed)
MATTHEW D. KITZI
COMMISSIONER OF SECURITIES