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Indybay Feature

TBSC's Dexter Cube Seeks Re-Appointment to Downtown Commission

by Santa Cruz Progressives
There will be a special meeting of the Santa Cruz City Council on Tuesday, January 19 at 7pm for advisory body applicants to address the Council during the advisory body interviews and appointment process. Among the applicants is Dexter Cube, who serves as Vice Chair of the Downtown Commission and is seeking re-appointment . Cube, the co-founder of Take Back Santa Cruz (TBSC), has a checkered past: in 2002 the Securities and Exchange Commission (SEC) found Cube defrauded customers when he worked as a securities trader for J.W. Barclay & Co.
800_dexter_cube_santa_cruz_downtown_commission_2.jpg
In his Downtown Commission application Cube mentions having a finance degree and his work experience with Paine Webber in Manhattan, and that he lived in New York City for nearly 10 years, but he neglects to mention his time at J.W. Barclay & Co., Inc.

On April 24, 2002, the SEC instituted public administrative proceedings against Emmanuel P. Cube, aka Dexter Cube, stating he willfully violated the Securities Act of 1933 and the Securities Exchange Act of 1934, and found that he defrauded his customers.

The SEC stated in its findings that Dexter Cube made unauthorized purchases and sales of securities in the accounts of at least two customers, and that he "churned" the account of at least one customer. He controlled the customer's account, and traded excessively in it in light of the customer's investment objectives, the SEC stated. Cube was also found to have made unsuitable purchases and sales of securities in the accounts of at least two customers.

Dexter Cube was barred by the SEC from association with any broker or dealer for five years and was ordered to pay a penalty of $40,0000. This wasn't the only fraud case against Cube in which he was fined thousands of dollars, and the true nature of Cube's past is still to be discovered.

One alarming statement in Cube's Downtown Commission application is that he believes he can be someone that immigrants can trust. "I look to provide a voice and insight for many who can feel that they can turn to me," he writes in the application.

Take Back Santa Cruz is a group that says they work to increase public safety, but in reality they mainly target homeless people through politics.

An article published in 2010 on Indybay titled "Was Tough-on-Crime Take Back Santa Cruz Founded by a Corporate Criminal?" offered an analysis of the hypocrisy of TBSC and its leader Dexter Cube:

"......TBSC’s goal is to promote “tough on crime” policies. When asked who they are taking Santa Cruz back from, they reply “criminals”, and they encourage people not only to call the police when they see anything suspicious, but to sit in on court cases to show our judges that Santa Cruzans want tough sentencing. Ironically, it appears that their founder Emmanuel “Dexter” Cube is himself a criminal."

Other applicants for the Downtown Commission include Robert Singleton of Civinomics, a somewhat conservative poling firm based in Santa Cruz.

Other sitting members of the current Downtown Commission are Chair Zach Davis, Matt Farrell, Karl Heiman, Jesse Nickell, Casey Coonerty Protti, and Ron Slack. None of them are politically progressive.

References

ORDER MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER PURSUANT TO SECTION 8A OF THE SECURITIES ACT OF 1933 AND SECTIONS 15(b) AND 21C OF THE SECURITIES EXCHANGE ACT OF 1934 AS TO EMMANUEL P. CUBE
http://www.sec.gov/litigation/admin/33-8201.htm

Was Tough-on-Crime Take Back Santa Cruz Founded by a Corporate Criminal?
https://www.indybay.org/newsitems/2010/06/02/18649646.php
§
by Santa Cruz Progressives
800_dexter_cube_santa_cruz_downtown_commission_1.jpg
Add Your Comments

Comments (Hide Comments)
by He's A Taker
'In life and in business, I learned that in every decision making process, any outcome which influences many, involves protocol.' ----Dexter Cube

Priceless!

What kind of 'protocol' will Dexter Cube be using???? Will Dexter be following the same protocol on the downtown commission that he used to rip his clients off?????
by Robert Norse
Can you itemize some of the positions taken by Cube on the Downtown Commission with which you disagree? I admit to not having followed the Commission very closely. Niroyan's Transportation and Public Works Commissions attacks on homeless people were bad enough.
Clearly with Cube as chair or vice chair this is yet another TBSC propaganda viewpoint affecting city policy.
by Culture Warrior
Fercrissakes he's a twice convicted FELON bank frauder!

They allow FELONS on city commissions nowdays?
by TBSC critic
In addition . Jim Spring, perhaps one of TBSC most venomous and vicious anti homeless and anti during program commenters has also applied for the Parks and Rec commission ? Odd that Jim has eft the group FB page which leads me to think plans are being made at a private site . So much volunteerism or an effort to influence , control and permeate City commissions with their political will .
by John Cohen-Colby
Analicia Cube claims a "computer virus" created these SEC documents about Dexter's criminal offenses.
So, has anyone given this information to all members of the City Council. Any responses as yet? All this won't do any good if it just goes to the choir....
by Brent Adams
I acknowledge that his politics are probably not my cup of tea, and yet I won't be running for these positions.
I wonder why many who decry tbsc behaviors aren't engaged in those actions that would not only countervail but supersede them.

Are we nothing more than our protest?
by The Seeker
I've been saying this over and over again. I think that TBSC is nothing more than a fear mongering, hate group designed to get THEIR people elected to influential positions where they can scratch the back of their business associates. Unfortunately, Santa Cruz at large fell for it! The same hate tactics are being used to get Trump to the White House. It's not rocket science, it's a proven political tactic that works over and over again.
by Freedom Sleeper
Maybe Brent Adams should know what he is talking about before he opens his mouth on progressive issues. A Freedom Sleeper has applied for a position on one of the advisory bodies. Louise Drummond spoke before the council seeking a position on the Commission for the Prevention of Violence Against Women. Louise is an amazing woman!
by Brent Adams
You've got that right, "Freedom Sleeper". Ms. Drummond has volunteered with Warming Center on 3 occasions, arriving in at dawn to work.
She puts her action behind her protest - a rare thing in these parts.
by G
Remember when activist local media enabled activist Deputy Chief Steve Clark in taking down council candidate Sherman, without being charged with election tampering?

https://www.indybay.org/newsitems/2014/10/21/18763128.php

Meanwhile a convicted felon wants to be reappointed and local media/Clark are silent?!
by Freedom Sleeper
Brent Adams, You know very well that many of the Freedom Sleepers have volunteered with the Warming Center, and the people in FNB have worked for years serving food in SC. FNB has done much more for the poor than anyone else who is politically involved.

Brent Adams is more of a poverty pimp than he is a progressive. Adams wants the sleeping ban to remain because it helps create a salary for him. Brent has a lot of similarities with TBSC members, and statements he has made recently seem to be doing that group's work for them. Brent Adams spends most of his time attacking progressives these days, but mostly Adams is just uneducated on the issues.
I'd like to see more progressives put their name in the hat. Unfortunately the positions are appointments from city council. Have you noticed the composition of santa cruz city council lately Brent? Have you noticed who is getting appointed to city commissions?

answer: take back santa cruz city council members and coalition are getting a large percentage of the appointments that relate to commerce and safety. the take back santa cruz members are appointed so they come up with so called solutions which are often just anti homeless measures which then are eagerly adopted by the take back santa cruz city council.

so even though there are not many progressives who have applied, anyone who actually knows how city council appointments work know that the deck is stacked right now.

maybe someone might want to investigate and do an indybay article reporting on how this is being done.
by The Council is Criminal
People should note that on his application for the DT commission, Dexter Cube lists council member David Terrazas as a personal reference. During the appointment process, the deck is certainly stacked in favor of the friends and acomplices of council members.
by Coffee Junky
There are rumors that Jim Spring has been seen up at the UCSC engineering buildings quite a bit. Maybe working with someone on the drone project someone pointed out he was involved with.
If you go back the last 4 years you will see that a number of TBSC founders and admins have been appointed to political commissions. Pamela Comstock got her feet wet politically with her appointment to the women's commission. Analicia Cube's sister was appointed as well. Not so coincidentally, TBSC is now a co sponsor of all the women's midnight marches throughout town which they use to sign up new members to their political group. The latest TBSC member appointed to the Commission against violence against women is Beth Thurman. Who not surprisingly is also active on TBSC as well as SC County Sheriff's Commission.

The Transportation and Public Works Commission has been packed with core TBSC supporters. The current chair is Brooke Crumpton (TBSC and Clean Team higher up), and has also included Michael Becker (TBSC co founder) and Richelle Noroyan (TBSC core member and now City Council member).

The commissions are not surprisingly being used to help the circular agenda process (staff presents to receptive commission, commission presents recommendations to a receptive city council who appointed the commission to begin with. These recommendations along with city staff who started the process are presented to the city council; the public is allowed 1 to 2 minutes to comment on an agenda item which has pretty much already been decided on by a city council majority who has already in many ways, gamed the result).

The other use of commission appointments is that it adds to the resume of any TBSC member who then wants to run for city or county office with the full throated backing then of the group.

That's how the game is currently being played.


The irony of all of this is that TBSC and Hall of Shame members are being prodded with daily stories of rampant crime and mayhem so that the last 2 non conservative members of the city council are being targeted as source of the real problem in the city and thus targeted for replacement. Ironic because the law and order neocons have basically had the majority on city council for almost 5-6 years now.

Do the toothless remains of SCAN et al only serve as rhetorical punching bags for local politics? National politics? Perhaps they have for decades? I mean c'mon, UCSC professor 'marxist' Rotkin led the charge for hate laws targeting the homeless! Then 'indy bookstore' offspring & UCSC professor 'mini-Rove' Coonerty continued the targeted hate, while infiltrating National Democratic machinery.

And now a convicted felon is seeking REappointment, with broad Santa Cruz mover and shaker support?

Escape while you can, before the water turns to lead.
by Observed
Santa Cruz isn't on the 10 most liberal cities list. To be fair, it isn't on the 10 most conservative cities list either.
by John Cohen-Colby
Santa Cruz is a unique city because its staff, police and city council have been infiltrated by a domestic hate group — i.e. Take Back Santa Cruz.
The old one is obviously dated. Maybe something like...

Pedo Power: Secrets Of Right Wing Domination In Santa Cruz & Beyond
by Give Backer
800_jim_spring_take_back_santa_cruz-page1.jpg
Take Back Santa Cruz member Jim Spring includes bigoted language about people with mental health issues in his application for an appointment to the Parks Commission.

Spring also lists his work spying on homeless and poor people and busting up homeless camps alongside 'neighborhood watch' as part of his experience. He calls them 'camp sightings' among other TBSC style terms.

Spring says in his application that his work schedule allows him to patrol the parks: He said he has the time to 'volunteer free time to spend in our parks, act as an extra set of eyes in problem areas'.

Spring also lists 'positive loitering' with TBSC as part of his experience.
by Give Backer
800_jim_spring_take_back_santa_cruz-page2.jpg
application
by Give Backer
jim_spring_take_back_santa_cruz-page3.jpg
application
See:

Take Back the Downtown Commission! Say NO to Cube and TBSC at SC Council Meeting
https://www.indybay.org/newsitems/2016/01/25/18782214.php
Dear Council members, and Mayor, especially directed to Take Back Santa Cruz CoFounder Pamela Comstock, current Take Back Santa Cruz members and ex members Noroyan,Matthews, Terrazas and sometimes voting with the TBSC majority Chase; it is concerning that Council member Terrazas has seen fit to personally recommend Emmanuel Dexter Cube (co founder of Take Back Santa Cruz) as reappointment to the City Downtown Commission. Most members of the community realize now that TBSC is as much a closed loop political machine run by Analicia and Dexter Cube (and perhaps Pamela Comstock and Michael Becker) as much as it is anything else and so no one is surprised that TBSC city council members might be inclined to stack city commissions with people affiliated with TBSC, the Clean Team as well as Hall of Shame.

The problem in this case is that applicant Cube was found by the United States Securities and Exchange Commission to have, amongst other things, defrauded customers. http://www.sec.gov/litigation/admin/33-8201.htm It seems odd that even though the majority of Santa Cruz city council members belong to a group supposedly dedicated to reducing crime, that Emmanuel Dexter Cube was even appointed for his first term to the Downtown Commission. Perhaps citizens of Santa Cruz should be left to believe that Take Back Santa Cruz and it's members sitting on Santa Cruz City Council are more concerned with crimes that might be perceived to drive down city property values and not so much concerned with white collar criminals who defraud customers. Maybe citizens of Santa Cruz should just understand that TBSC and its representatives who sit on city council just maintain a double standard as it relates to crime. Nevertheless, it would seem imprudent to have someone who was found by the federal government to have defrauded people, to be sitting on a commission that represents our city and citizens.



Hopefully Mr Terrazas (and others) will in the future take care in knowing a bit more of the personal history of those you recommend for positions of influence and power. We understand that even in a small town such as Santa Cruz that council members may engage in political games of scratching each others backs, and that the political arm of Take Back Santa Cruz may have in a large part elected a number of you to office. That said, repaying such an effort quid pro quo shouldn't be rewarded in the form of appointing people found guilty and sanctioned by the SEC.



***************

Attached finding by SEC

UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION

SECURITIES ACT OF 1933
Release No. 8201 / March 13, 2003
SECURITIES EXCHANGE ACT OF 1934
Release No. 47497 / March 13, 2003

ADMINISTRATIVE PROCEEDING
File No. 3-10765


In the Matter of

J.W. BARCLAY & CO., INC.
JOHN A. BRUNO
MICHAEL J. WILLS
EDGAR B. ALACAN
EMMANUEL P. CUBE
MAYER DALLAL
DANOO NOOR, SR.
EMANUELE A. SCARSO
MICHAEL B. SCOTT,
Respondents.

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: ORDER MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER PURSUANT TO SECTION 8A OF THE SECURITIES ACT OF 1933 AND SECTIONS 15(b) AND 21C OF THE SECURITIES EXCHANGE ACT OF 1934 AS TO EMMANUEL P. CUBE
I.

On April 24, 2002, the Securities and Exchange Commission ("Commission") instituted public administrative proceedings pursuant to Section 8A of the Securities Act of 1933 ("Securities Act") and Sections 15(b) and 21C of the Securities Exchange Act of 1934 ("Exchange Act") against Respondent Emmanuel P. Cube ("Cube" or "Respondent") and others. Cube has submitted an Offer of Settlement ("Offer") which the Commission has determined to accept.

II.

Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission's jurisdiction over him and the subject matter of these proceedings, Respondent consents to the entry of this Order Making Findings and Imposing Remedial Sanctions and a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act of 1933 and Sections 15(b) and 21C of the Securities Exchange Act of 1934 as to Emmanuel P. Cube ("Order"), as set forth below.

III.

On the basis of this Order and Respondent's Offer, the Commission finds1 that:

Respondent

1. Cube, age 32, has been a registered representative since January 1994. Cube was associated as a registered representative with J.W. Barclay & Co., Inc. ("Barclay"), a broker-dealer registered with the Commission, from September 1994 through December 2000.

Cube Defrauded Customers

2. During the time period from in or about June 1997 through in or about December 1998, Cube engaged in the following conduct in the accounts of his customers at Barclay:

a. Cube made unauthorized purchases and sales of securities in the accounts of at least two customers.

b. Cube churned the account of at least one customer. He controlled the customer's account, and traded excessively in the customer's account in light of the customer's investment objectives. This churned account had an annualized turnover ratio of approximately 22.15, and an annualized break-even ratio of approximately 107.19%.

c. Cube made unsuitable purchases and sales of securities in the accounts of at least two customers. He did so by recommending purchases or sales of securities that were not suitable for the customers in light of the customers' ages, investment experience, financial status, risk tolerance and investment objectives, and by conducting transactions on margin without ascertaining the customers' understanding of the risks associated with the use of margin, among other things.

d. Cube failed to execute sell orders or follow other instructions from at least one customer, by failing to sell stock upon a customer's request.

3. Based on the foregoing, Cube willfully violated Section 17(a) of the Securities Act in that he, in the offer or sale of securities, by use of the means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly: employed devices, schemes or artifices to defraud; obtained money or property by means of untrue statements of material fact or omitted to state material facts necessary in order to make the statements made, in the light of the circumstance under which they were made, not misleading; or engaged in transactions, practices or courses of business which would or did operate as a fraud or deceit upon purchasers or prospective purchasers of such securities. As part of his fraudulent conduct, Cube engaged in the activities described in paragraphs 2(a)-(d) above.

4. Based on the foregoing, Cube willfully violated Section 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder in that he, in connection with the purchase or sale of securities, by use of the means or instrumentalities of interstate commerce or by use of the mails or of the facilities of any national securities exchange, directly or indirectly: employed devices, schemes or artifices to defraud; made untrue statements of material fact or omitted to state material facts necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or engaged in acts, practices or courses of business which would or did operate as a fraud or a deceit upon any person. As part of his fraudulent conduct, Cube engaged in the activities described in paragraphs 2(a)-(d) above.

IV.

In view of the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions specified in Respondent Cube's Offer.

ACCORDINGLY, IT IS HEREBY ORDERED:

A. Pursuant to Section 8A of the Securities Act and Section 21C of the Exchange Act, that Respondent cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.

B. Pursuant to Section 15(b)(6) of the Exchange Act, Respondent be, and hereby is, barred from association with any broker or dealer with the right to reapply for association after five (5) years to the appropriate self-regulatory organization, or if there is none, to the Commission.

C. Respondent shall pay disgorgement and prejudgment interest in the total amount of $22,745.28 to the United States Treasury. Respondent shall also pay a civil money penalty in the amount of $27,000.00.

D. Respondent shall pay disgorgement, prejudgment interest, and the civil penalty plus postjudgment interest on the disgorgement and prejudgment interest pursuant to the following payment plan. Respondent shall pay $10,000 upon issuance of this Order. Respondent shall pay $12,773.56 within sixty (60) days of the date of issuance of this Order. Respondent shall next make four quarterly payments of $6750.00 each, which payments must be hand-delivered or post-marked no later than the 30th day of June, September, and December 2003, and one year from the date of issuance of the Order. Such payments shall be: (A) made by United States postal money order, certified check, bank cashier's check or bank money order; (B) made payable to the Securities and Exchange Commission; (C) hand-delivered or mailed to the Office of Financial Management, Securities and Exchange Commission, Operations Center, 6432 General Green Way, Stop 0-3, Alexandria, VA 22312; and (D) submitted under cover letter that identifies Cube as a Respondent in these proceedings, the file number of these proceedings, a copy of which cover letter and money order or check shall be sent to Kathryn A. Pyszka, Senior Trial Counsel, Securities and Exchange Commission, 175 West Jackson Boulevard, Ste. 900, Chicago, Illinois 60604.

E. Failure by Respondent to deliver any payment required by this Order on the dates prescribed and in the exact amounts due will, at the sole discretion of the Commission, render the entire remaining balance of the disgorgement, prejudgment interest and civil penalty amounts due and payable, and will constitute grounds for the Commission to institute proceedings against Respondent in federal district court to enforce compliance with the Commission's Order.

By the Commission.

Jonathan G. Katz

***************

by Even Micah likes Cube
7 votes for the corrupt Cube.
by Observed
Cube's past is legally immaterial under current California law. This past session the Legislature passed a bill that was signed into law that prohibits asking an applicant for any sort of criminal history. It could be argued the SEC sanction was administrative, not criminal, in nature despite the use of criminal buzzwords like defraud. Cube was, as far as I know, never charged with a crime by a federal grand jury.
by Downtown Rodent
My understanding is, Dexter Cube no longer has a business downtown. They vacated their offices some time ago. How is qualified to be part of the downtown association?
by John Cohen-Colby
Emmanuel Cube now uses the non de plume "Dexter". Was that a legal name change? The Santa Cruz County Clerk-Recorder has no recorded property deeds for him and his wife Analicia. Are they hiding out from "Dexter's" victims, from litigation?

BTW: what's the statute of limitations on (Emmanuel) Dexter's offenses?
by Ibserved
At most, three years. The SEC allegations are well beyond that.
by G
Is that you, Steve Schlicht?
Good one G Most won't get the irony and inside joke of your post. Wink, Wink ;-)
by John Cohen-Colby
Such a clear violation of trust we expect to receive from our neighborhood based businesses.

Dexter Cube, Santa Cruz, CA

https://www.change.org/p/phillips-66-close-or-change-the-76-gas-station-mission-st-santa-cruz-due-to-onsite-criminal-activity?source_location=petition_footer&algorithm=promoted&grid_position=1
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