Lilis Energy Raises $7.5M PIPE from Insiders at 15% Discount

Lilis Energy, Inc. (LLEX) announced that it has raised $7,500,000 in a Units (Common Stock + Warrants) transaction. The common stock was sold at $2.00 per share, an approximate 15% discount to the market price ($2.35) of LLEX at deal announcement. A series of 3,750,000 42-Month Warrants with an exercise price of $2.50 per share (6.39% premium) was issued to the investors in this transaction. T.R. Winston & Company, Inc. acted as the exclusive agent on the transaction. The investors included members of the Company's Board of Directors and certain of its officers.

MagneGas Corp. Raises $1.9M at 28% Discount in RDO from Alpha Capital Anstalt

MagneGas Corporation (MNGA) announced that it has raised $1,858,867 in a Registered Direct transaction. The common stock was sold at $0.80 per share, an approximate 28% discount to the market price ($1.11) of MNGA at deal announcement. Northland Securities, Inc. acted as the exclusive agent on the transaction. The investor was Alpha Capital Anstalt. Placement Agent counsel was Faegre Baker Daniels LLP, issuer counsel was Szaferman Lakind Blumstein & Blader, PC, and investor counsel was Ellenoff Grossman & Schole LLP. The transaction is expected to close by 01/27/2014.

Corey Ribotsky

NIR Group’s Ribotsky Settles Fraud Charges with SEC

Beleaguered PIPE fund manager Corey Ribotsky has settled two-year old fraud charges leveled by the Securities and Exchange Commission, agreeing to pay more than $14 million in disgorged profits and penalties rather than continue to contest charges that as the general partner of NIR Group, he repeatedly lied to investors regarding the valuation of the fund’s microcap securities holdings, the fund’s returns, the liquidity of the fund, his education, and that he repeatedly misappropriated funds for his personal use. Under the terms of the November 18 agreement, Ribotsky did not admit, nor can he deny, the charges in the SEC’s complaint. During the more than five years since the SEC investigation was reported in the press, the Long Island, NY-based fund manager vociferously maintained his innocence and repeatedly attacked the journalists and their news organizations for reporting on the investigation, and the SEC’s investigators for pursuing it. In its hey-day NIR Group was one of the most prolific PIPE-dedicated hedge funds in the market, investing over $225 million in more than 140 microcap companies. The fund had a reputation for investing in some of the smallest, least liquid and most distressed companies in the PIPE market, with more than 80% of its investments placed in companies which market caps under $20 million.

Mark Cuban

Maverick Justice

Mark Cuban

If there are any lessons to be learned from this week’s not guilty verdict in the SEC vs. Mark Cuban insider trading case, it must be that it’s good to be king. Or at least a billionaire, a celebrity, and a Texan. Mark Cuban, brash dot-com billionaire, professional sports team owner, reality TV show celebrity, and sometime microcap company investor, was acquitted of insider trading charges in Dallas federal district court last week. The verdict was reached by a hometown jury which took three and a half hours to decide that taking a call from the CEO of a public company in which he was the largest single investor, to be told about an impending and unannounced private placement which would dilute his holdings and almost certainly lower the value of his investment, to which he did not dispute that he replied, “Now I’m screwed.