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SECURITIES AND EXCHANGE
COMMISSION
LITIGATION RELEASE No.15222 / January 21, 1997
SECURITIES AND EXCHANGE COMMISSION v. ELLIS L. DEYON, BRADLEY
T. GULLETT
(individually and doing business as "GULLETT
& ASSOCIATES"), WILLIAM HANKE, DOVE INVESTMENT GROUP,
INC. and
SHERWOOD
H. CRAIG (United States District Court for the
District
of Maine, C.A. No. 95-164-B)
The Securities
and Exchange Commission ("Commission") announced that, on January 14, 1997, the Honorable Morton A.
Brody, Judge of the U.S. District Court for the District
of Maine,
entered a Final Judgment of Permanent Injunction, Disgorgement and Civil Monetary Penalties ("Final Judgment")
against
Ellis Deyon of Houston, Texas. The Final Judgment
was entered by consent by Deyon without admitting or denying
the allegations
of the Commission's complaint. The Commission
also announced the prior entry of a Final Judgment of Permanent
Injunction by default separately
against each of defendants
William
Hanke and Dove Investment Group, Inc., both of
Orlando,
Florida.
The Final Judgment
entered against defendant Deyon enjoins
Deyon
from violating the antifraud and broker-dealer
registration
provisions of the federal securities laws, i.e., Section
17(a) of
the
Securities Act of 1933 and Sections 10(b) and
15(a) of the
Securities Exchange of 1934 and Rule 10b-5 thereunder.
The Final
Judgment
also requires Deyon to disgorge $407,000 of his
ill- gotten gain of approximately $512,000, and waives payment
of the
remainder
of his disgorgement liability based upon his demonstrated financial inability to pay such relief. Pursuant
to the
Final Judgment, Deyon is ordered to make the $407,000 disgorgement payment with funds he already has deposited into
the Registry of the Court pursuant
to a prior court order requiring
the
defendants to repatriate the investor funds they
held in
Mexico. Penalties were not imposed based upon Deyon's
demonstrated financial inability to pay.
Pursuant to the
final judgments entered against them by
default
on October 9, 1996 and November 2, 1995, respectively,
Hanke and Dove also were permanently enjoined from violating
the antifraud
and broker-dealer registration provisions of the federal securities laws. The judgment against Hanke is pending
appeal in the U.S. Court of
Appeals for the First Circuit. The
Court
will determine at a later date the amounts of
disgorgement,
prejudgment interest and civil monetary penalties Hanke
and Dove
will
be required to pay.
In its Complaint
filed on July 25, 1995, the Commission
alleged
that the defendants fraudulently induced members
of the
public to invest with them by promising to pay a virtually
risk-
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free annual return of up to 300%. According to the Complaint,
the defendants represented that they could pay such
extraordinary
rates
of return because the proceeds of the investment
sales would be deposited into a "special" Mexican
bank account,
controlled
by them, which they claimed generated investment returns or earned interest of approximately 1020% per year.
The Commission also alleged that, in
some instances, the defendants
told
investors and potential investors that the account
would be
used to engage in the trading of instruments referred
to as "Prime Bank" securities.
The Complaint
alleged that, contrary to the defendants'
representations to investors and potential investors, the bank
account into which the proceeds of the investment offering
were deposited
did not earn the extraordinary rate of return described, the investments involved an extraordinary amount
of risk and the "Prime Bank"
securities which were said to produce the return do not exist. Moreover, the Commission alleged that
at no relevant time had any of the
defendants been registered
with
the Commission as securities broker-dealers or
associated
with such a broker-dealer as they were required to be.
The defendants
allegedly targeted persons active in
evangelical
Christian ministries of which the defendants purport
to be devout followers. According to the Complaint,
many of the
investors
and potential investors solicited by the defendants
were of modest economic means and were unsophisticated
and inexperienced
in financial matters. The defendants allegedly encouraged potential investors to take extraordinary steps
to obtain money to invest including
obtaining second mortgages on
their
residences and procuring large cash advances against
their credit cards.
On July 25, 1995,
based on the Complaint and supporting
evidence
submitted by the Commission ex parte, the Court
entered
a Temporary Restraining Order prohibiting all of the
defendants
from
continuing their fraudulent offer and sale of
securities.
The Court's order also froze certain assets, required
the defendants to file sworn accountings
and ordered the repatriation
of
investor funds held abroad. On August 17, 1995,
with the
consent of the defendants, the Court entered a Preliminary
Injunction
and Order to Continue Asset Freeze and Other Relief,
which extended the restrictions in the Temporary Restraining
Order
through the final resolution of the case.
The
Commission's action, which is set for trial on
April 7, 1997, is continuing against defendants
Bradley T. Gullett and Sherwood H. Craig and against
Hanke and Dove as to the amount of disgorgement
and penalties they will be required to pay. The
assets of Gullett, Hanke and Dove remain subject
to the Court's freeze order.
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