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UNITED STATES SECURITIES
AND EXCHANGE COMMISSION
LITIGATION RELEASE
NO. 16120 / April 22, 1999
SECURITIES AND
EXCHANGE COMMISSION v. LENNOX INVESTMENT GROUP,
LTD., ACTIVE INTERNATIONAL, INC., RANDALL W. LAW, JAMES F. WARDELL,
MONICA M.
ILES, FRANK L. PEITZ, AND DANIEL B. BENSON,
4:98CV536-Y, USDC, ND/TX
(Fort Worth Division)
On April 21,1999,
United States District Judge Terry R. Means
entered a default judgment against Lennox
Investment Group, Ltd
("Lennox") permanently enjoining
the company from future violations of
Section 17(a) of the Securities Act of
1933 ("Securities Act"), and
Section 10(b) of the Securities Exchange
Act of 1934 ("Exchange Act")
and Rule 10b-5 thereunder, and ordering
it to disgorge illegal profits
of $11,109,880, plus prejudgment interest
of $2,736,623.
Previously, on
January 29, 1999, default judgments setting
disgorgement amounts were entered against
defendants Daniel B. Benson
("Benson") and Active International,
Inc. ("Active), and relief
defendants P.B.F. Capital Group, Inc. ("P.B.F."),
Benson Financial,
Inc. ("BFI"), and I.B.I., Inc.
("I.B.I."). Benson and Active were
ordered, jointly and severally, to disgorge
illegal profits in the
amount of $11,109,000, plus prejudgment
interest of $2,500,000. Relief
defendants were ordered to disgorge the
following amounts: P.B.F. --
$3,949,273, plus prejudgment interest of
$839,519; BFI -- $2,053,586,
plus prejudgment interest of $445,099;
and I.B.I. -- $335,000, plus
prejudgment interest of $18,196. Benson
and Active were permanently
enjoined by default on November 24, 1998,
from future violations of
Section 17(a) of the Securities Act, and
Section 10(b) of the Exchange
Act and Rule 10b-5 thereunder.
According to the
Commission’s complaint, the defendants
fraudulently offered and sold unregistered
"prime bank" securities to
more than 50 investors in at least 10 states.
Investors were told that
their funds would be placed in an escrow
account, with the investment
principal guaranteed, and that their funds
would be invested in a
trading program where investors could expect
a yield of 122.5% per
week for 40 weeks during the 54 week term
of the program. In fact,
according to the complaint, the trading
program did not exist and these defendants, instead of investing the funds, stole the
investors’
funds and used them for their own benefit
and the benefit of their
designees, including the relief defendants.
DEFAULT JUDGMENTS
ENTERED IN PRIME BANK CASE
On April 21, United
States District Judge Terry R. Means entered a
default judgment against Lennox Investment
Group, Ltd (Lennox)
permanently enjoining the company from
future violations of the
antifraud provisions of the federal securities
laws, and ordering
it to disgorge illegal profits of $11,109,880,
plus prejudgment
interest of $2,736,623.
Previously, on
January 29, 1999, default judgments setting
disgorgement amounts were entered against
defendants Daniel B.
Benson (Benson) and Active International,
Inc. (Active), and
relief defendants P.B.F. Capital Group,
Inc. (P.B.F.), Benson
Financial, Inc. (BFI), and I.B.I., Inc.
(I.B.I.). Benson and
Active were ordered, jointly and severally,
to disgorge illegal
profits in the amount of $11,109,000, plus
prejudgment interest of $2,500,000. Relief defendants were ordered to disgorge the
following amounts: P.B.F. -- $3,949,273,
plus prejudgment interest
of $839,519; BFI -- $2,053,586, plus prejudgment
interest of $445,099; and I.B.I. -- $335,000, plus prejudgment interest
of $18,196.
Benson and Active were permanently enjoined by
default
on November 24, 1998, from future violations
of the antifraud
provisions of the federal securities laws.
According to the
Commission’s complaint, the defendants
fraudulently offered and sold unregistered
"prime bank" securities
to more than 50 investors in at least 10
states. Investors were
told that their funds would be placed in
an escrow account, with
the investment principal guaranteed, and
that their funds would be
invested in a trading program where investors
could expect a
yield of 122.5% per week for 40 weeks during
the 54 week term of
the program. In fact, according to the
complaint, the trading
program did not exist and these defendants,
instead of investing the funds, stole the investors’ funds and used them for their
own benefit
and the benefit of their designees, including
the relief
defendants. [ Securities and Exchange Commission
v. Lennox
Investment Group, Ltd.,, et al., 4:98CV536-Y,
USDC, ND/TX ] (LR-
)
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