On paper, the prospects for FiberPop Solutions of Owatonna appeared mesmerizing: profitable speed-of-light fiber-optic networks and data centers scattered across the Upper Midwest worth billions of dollars.
The Securities and Exchange Commission says the reality is in stark contrast.
"To date, FiberPop has no data centers, no employees and no operations," the SEC said in a lawsuit filed Tuesday against the company and owner James Louks. "It has never earned any revenue. It has no contracts with either content providers or customers."
In doubt is the fate of 90 investors who pumped "at least" $4.3 million into a project that promised a 100 percent return on investment.
Attorneys for the SEC were scheduled to appear before U.S. District Judge Patrick Schiltz on Wednesday to seek an emergency restraining order against Louks and FiberPop to prevent the solicitation of additional investors in violation of U.S. securities laws. However, late in the day Tuesday, Louks and his company agreed to stop seeking investors while the SEC civil suit proceeds.
Louks, 60, did not return requests for comment.
According to the SEC suit, filed in U.S. District Court in Minneapolis, Louks has operated his dubious investment scheme since 2003 with the promise of international financing from sources that ultimately engaged in shady transactions.
He raised money through word-of-mouth to friends and family and through individuals acting as promoters in group presentations, the SEC asserts.