SECURITIES AND
EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): October 19, 2007
mPHASE TECHNOLOGIES, INC. |
(Exact Name of Registrant as Specified in Charter) |
New Jersey | 000-24969 | 22-2287503 | ||
(State or Other Jurisdiction of | (Commission File Number) | (IRS Employer | ||
Identification No.) | Incorporation) |
587 Connecticut Ave., Norwalk, CT 06854-0566 |
(Address of Principal Executive Offices) (ZIP Code) |
Registrant's telephone number, including area code: (203) 838-2741
Item 8.01 Other Events
On October 19, 2007, in connection with the settlement and dismissal of a civil
law suit originally filed on November 16, 2005 by the Securities and Exchange
Commission in the Federal District Court in the District of Connecticut,
the SEC issued a Cease and
Desist Order and certain remedial sanctions against two officers of mPhase
Technologies, Inc. (the "Company"). The civil
suit was filed against Packport.com, Inc. a Nevada corporation,
Microphase Corporation, a Connecticut corporation, a company that provides
administrative services to the Company and shares common management with the
Company, and others. The two officers of the Company are Mr. Ronald A. Durando,
President and Chief Executive Officer and Mr. Gustave T. Dotoli, the Chief
Operating Officer. The Civil suit by the SEC named as respondents
were Mr. Durando, Mr. Dotoli and others in connection with their activities as officers
and directors of Packetport.com. The Company was not named as a party to the
civil suit. More information regarding the detailed terms of the settlement can
be found in SEC release No 8858 dated October 18, 2007 promulgated under the
Securities Act of 1933 and SEC Release No. 56672 dated October 18,2007
promulgated pursuant to the Securities Exchange Act of 1934. Mr. Durando and Mr. Dotoli will continue to serve as officers
and directors of the Company. Mr Durando and Mr. Dotoli together with Microphase
corporation and others without admitting or denying the findings of the SEC,
except as to jurisdiction and subject matter, have consented to the entry of the
Order Instituting Cease-and Desist Proceedings, Making findings and Imposing a
Cease and Desist Order and Remedial Sanctions pursuant to Section 8A of the
Securities Exchange Act of 1933 and Section 21C of the Securities Exchange Act
of 1934.
SIGNATURES
Pursuant to the requirements of
the Securities Exchange Act of 1934, the Registrant has duly caused this report
to be signed on its behalf by the undersigned hereunto duly authorized.
mPHASE TECHNOLOGIES | |
By: |
/s/ Martin S. Smiley |
Martin S. Smiley | |
Executive Vice President, | |
Chief Financial Officer and | |
General Counsel |
Date: October 19, 2007