|
UNITED STATES SECURITIES
AND EXCHANGE COMMISSION Washington, D.C.
LITIGATION RELEASE NO. 14813 / February 9, 1996
SECURITIES AND EXCHANGE COMMISSION v. MICHAEL W. CRAWFORD,
ET AL., Civil Action No. CV 95-1435
(TPJ) (D.D.C. 1995)
The
Securities and Exchange Commission announced that,
on January 31, 1996, the Honorable Thomas Penfield Jackson, United
States District Judge for the District of Columbia,
entered Final
Judgments
of Permanent Injunction and Other Relief by Consent
against Michael P. Melnick and Greenbriar Financial
Services
Corp.
The Final Judgments enjoin Melnick and
Greenbriar from
violations
of Section 10(b) of the Securities Exchange Act
of 1934 and Rule 10b-5 thereunder.
Melnick and Greenbriar
consented to the Final Judgements without admitting
or denying
the
allegations of the Commission's Complaint, which
was filed on
August 1, 1995.
The Final Judgments also order disgorgement
of funds obtained as a result of conduct alleged in the
Complaint
and prejudgment interest,
but waive the payment of disgorgement
and
prejudgment interest based in Melnick's and Greenbriar's
demonstrated inability to pay.
Based on Melnick's and
Greenbriar's demonstrated inability to pay, the Final
Judgments
do not impose civil penalties.
The
Commission also announced that on January 4, 1996,
Judge Jackson entered a default judgment against Michael W. Crawford
and Libra Investments, Ltd.
The default judgment permanently
enjoins Crawford and Libra from violations of Section
10(b) of
the Exchange Act, and Rule
10b-5 thereunder, and Sections 203(a),
206(1)
and (2) of the Investment Advisers Act of 1940,
and orders
Crawford and Libra, jointly and severally, to pay disgorgement
in the
amount of $80,000, plus $13,959.10 in prejudgment
interest. Crawford
and Libra are also ordered to pay civil penalties
of $100,000 and $500,000, respectively, pursuant to Section
21(d)(3)
of
the Exchange Act.
The
Commission's Complaint alleged that the violations
arose out of the sale of "prime bank guarantees" issued
by Banka
Bohemia, A.S., a now defunct
Czech Republic financial
institution,
to the National Council of the Churches of Christ
in the U.S.A ("NCCC"), a not-for-profit charitable
organization, in
December
1993. The
NCCC paid $7.98 million to purchase $13.2
million
face value of the guarantees, which were worthless.
According
to the Complaint, the defendants made fraudulent misrepresentations and omissions of material fact in inducing
the NCCC
to buy the worthless "prime bank" securities. The Complaint further
alleged that Crawford and Libra acted as investment
advisers without having registered as such with the
Commission, and that they undertook fraudulently
to induce other parties in
addition to the NCCC to use their purported investment
management
and
advisory services.
|