ORDER INSTITUTING ADMINISTRATIVE PROCEEDINGS AND NOTICE OF HEARING PURSUANT TO SECTION 12(j) OF THE SECURITIES EXCHANGE ACT OF 1934
In the Matter of
Edentify, Inc.,
Embryo Development Corp.,
Enesco Group, Inc.,
Entertainment Is Us, Inc.,
Entropin, Inc.,
Epicus Communications Group, Inc.,
Epixtar Corp., and
Evans, Inc. (n/k/a Fur Company A),
Respondents.
I.
The Securities and Exchange Commission (“Commission”) deems it necessary and appropriate for the protection of investors that public administrative proceedings be, and hereby are, instituted pursuant to Section 12(j) of the Securities Exchange Act of 1934 (“Exchange Act”) against Respondents Edentify, Inc., Embryo Development Corp., Enesco Group, Inc., Entertainment Is Us, Inc., Entropin, Inc., Epicus Communications Group, Inc., Epixtar Corp., and Evans, Inc. (n/k/a Fur Company A).
II.
After an investigation, the Division of Enforcement alleges that:
A. RESPONDENTS
1. Edentify, Inc. (CIK No. 1091938) is a Nevada corporation located in Bethlehem, Pennsylvania with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Edentify is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-QSB for the period ended September 30, 2007, which reported a net loss of over $1.96 million for the prior three months. As of November 3, 2010, the company’s stock (symbol “EDFY”) was quoted on the Pink Sheets operated by Pink OTC Markets, Inc. (“Pink Sheets”), had eight market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
2.
Embryo Development Corp. (CIK No. 945439) is a Delaware corporation located in New York, New York with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Embryo Development is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-QSB for the period ended July 31, 2006, which reported a net loss of $82,000 for the prior three months. As of November 3, 2010, the company’s stock (symbol “EMBR”) was quoted on the Pink Sheets, had six market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
3.
Enesco Group, Inc. (CIK No. 93542) is a dissolved Illinois corporation located in Itasca, Illinois with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Enesco Group is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-Q for the period ended September 30, 2006, which reported a net loss of $40,958 for the prior nine months. On January 12, 2007, the company filed a Chapter 11 petition in the U.S. Bankruptcy Court of the Northern District of Illinois, which was converted to a Chapter 7 proceeding on July 28, 2008. The case was still pending as of September 29, 2010. As of November 3, 2010, the company’s stock (symbol “ENCZQ”) was quoted on the Pink Sheets, had seven market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
4.
Entertainment Is Us, Inc. (CIK No. 1144254) is a void Delaware corporation located in Chicago, Illinois with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Entertainment Is Us is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-QSB for the period ended June 30, 2006, which reported a net loss of $147,389 for the prior nine months. As of November 3, 2010, the company’s stock (symbol “EIUS”) was quoted on the Pink Sheets, had five market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
5.
Entropin, Inc. (CIK No. 837600) is a void Delaware corporation located in Bradenton, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Entropin is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-QSB for the period ended September 30, 2006, which reported a net loss of $729,874 for the prior three months. As of November 3, 2010, the company’s stock (symbol “ETOP”) was quoted on the Pink Sheets, had seven market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
6.
Epicus Communications Group, Inc. (CIK No. 800401) is a Florida corporation located in Lake Mary, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Epicus Communications is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-QSB for the period ended November 30, 2007, which reported a net loss of over $10.3 million for the prior six months. On October 25, 2004, the company filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Southern District of Florida, and the case was terminated on December 30, 2005. As of November 3, 2010, the company’s stock (symbol “EPCG”) was quoted on the Pink Sheets, had eight market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
7.
Epixtar Corp. (CIK No. 1099730) is an active Florida corporation located in Miami, Florida with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Epixtar is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-Q/A for the period ended June 30, 2005, which reported a net loss of over $12.4 million for the prior six months. On October 6, 2005, the company filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Southern District of Florida, which was still pending as of September 29, 2010. As of November 3, 2010, the company’s stock (symbol “EPXR”) was quoted on the Pink Sheets, had seven market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
8.
Evans, Inc. (n/k/a Fur Company A) (CIK No. 33780) is a void Delaware corporation located in Chicago, Illinois with a class of securities registered with the Commission pursuant to Exchange Act Section 12(g). Evans is delinquent in its periodic filings with the Commission, having not filed any periodic reports since it filed a Form 10-Q for the period ended November 28, 1998, which reported a net loss of over $6 million. On September 24, 1999, a Chapter 7 bankruptcy petition was filed against Evans in the U.S. Bankruptcy Court for the Southern District of New York. On October 12, 1999, the case was converted to a Chapter 11 proceeding, which was still pending as of September 29, 2010. As of November 3, 2010, the company’s stock (symbol “EVAN”) was quoted on the Pink Sheets, had three market makers, and was eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3).
[…]
IV.
IT IS HEREBY ORDERED that a public hearing for the purpose of taking evidence on the questions set forth in Section III hereof shall be convened at a time and place to be fixed, and before an Administrative Law Judge to be designated by further order as provided by Rule 110 of the Commission’s Rules of Practice [17 C.F.R. § 201.110].
IT IS HEREBY FURTHER ORDERED that Respondents shall file an Answer to the allegations contained in this Order within ten (10) days after service of this Order, as provided by Rule 220(b) of the Commission’s Rules of Practice [17 C.F.R. § 201.220(b)].
If Respondents fail to file the directed Answers, or fail to appear at a hearing after being duly notified, the Respondents, and any successor under Exchange Act Rules 12b-2 or 12g-3, and any new corporate names of any Respondents, may be deemed in default and the proceedings may be determined against it upon consideration of this Order, the allegations of which may be deemed to be true as provided by Rules 155(a), 220(f), 221(f), and 310 of the Commission’s Rules of Practice [17 C.F.R. §§ 201.155(a), 201.220(f), 201.221(f), and 201.310].
This Order shall be served forthwith upon Respondents personally or by certified, registered, or Express Mail, or by other means permitted by the Commission Rules of Practice.
IT IS FURTHER ORDERED that the Administrative Law Judge shall issue an initial decision no later than 120 days from the date of service of this Order, pursuant to Rule 360(a)(2) of the Commission’s Rules of Practice [17 C.F.R. § 201.360(a)(2)].
In the absence of an appropriate waiver, no officer or employee of the Commission engaged in the performance of investigative or prosecuting functions in this or any factually related proceeding will be permitted to participate or advise in the decision of this matter, except as witness or counsel in proceedings held pursuant to notice. Since this proceeding is not “rule making” within the meaning of Section 551 of the Administrative Procedure Act, it is not deemed subject to the provisions of Section 553 delaying the effective date of any final Commission action.