Former Chairman of Health Care Company Board of Directors Sentenced to Prison for Selling Unregistered Securities

BOSTON – The former chairman of Massachusetts-based company Arch Therapeutics, Inc. was sentenced today in federal court in Boston for three felony securities offenses, two of which concerned his undisclosed sale of over $1.3 million worth of company shares.

Avtar Singh Dhillon, 63, of Long Beach, Calif., was sentenced by U.S. District Court Judge Allison D. Burroughs to four months in prison to be followed by one year of supervised release, with the first six months on home detention. Dhillon was also ordered to forfeit $1,493,500. In December 2022, Dhillon pleaded guilty to one count of willful failure to disclose stock sales, one count of aiding and abetting the sale of unregistered securities and one count of touting compensation nondisclosure conspiracy.

Dhillon and his then attorney, Daniel V. Martinez, placed 2.75 million Arch Therapeutics shares that Dhillon beneficially owned into a limited liability company that Martinez created. Dhillon and Martinez then worked together to sell the shares in the open market without a valid exemption under the relevant securities laws and to distribute the approximately $1.34 million in proceeds. The proceeds were distributed primarily to third parties for Dhillon’s benefit, with a small portion distributed to Martinez directly. Dhillon thereafter willfully failed to report the stock sales to the U.S. Securities & Exchange Commission and the investing public, as he was required to do.

In October 2023, Martinez was sentenced to one year of probation and 100 hours of community service. Martinez was also ordered to pay a fine of $7,500 and forfeit $110,999.

Separately, Dhillon also participated in a securities conspiracy involving the nondisclosure of compensation paid to a subscription newsletter analyst. Specifically, Dhillon agreed with others to cause Emerald Health Pharmaceuticals (EHP), a life sciences company in San Diego, to indirectly compensate a subscription newsletter analyst to tout a securities offering by EHP without the analyst or the newsletter disclosing the compensation, as required under securities laws. Dhillon was both a one-time board member of and an indirect shareholder in EHP, which raised tens of millions of dollars in the securities offering.

United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office made the announcement. Valuable assistance was provided by the U.S. Securities & Exchange Commission headquarters, Boston and Los Angeles regional offices. Assistant U.S. Attorney James R. Drabick of the Securities, Financial & Cyber Fraud Unit prosecuted the case.