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UNITED STATES SECURITIES
AND EXCHANGE COMMISSION
Litigation Release No. 15320 / April 8, 1997
SEC v. Jerome E. Pinckney, Richard L. Arnold, Donald E. Elder,
Fernando Cruz, Shaun K.R. Maxwell, Anthony Bukovich,
Jr., and Six Capital Corporation (E.D.N.C., Civil
Action No. 7:95-CV-122-BR-1)
The Securities
and Exchange Commission announced today that on
March 27, 1997, the Honorable W. Earl Britt, United
States District Judge for the Eastern District
of North Carolina, entered an order of permanent
injunction against defendant, Donald E. Elder
("Elder"), from violating Section 17(a)
of the Securities Act of 1933. The Court found
that the imposition of civil penalties would be
considered at a later date upon motion by the
Commission.
Elder consented
to the relief without admitting or denying the
allegations set forth in a complaint filed by
the Commission on August 23, 1995. The complaint
alleged that Elder violated the antifraud statute
by offering for sale investment contracts which
were part of a prime bank scheme. Elder attempted
to obtain funds from investors by misrepresenting
or failing to disclose material facts in connection
with the sale of prime bank notes. Among other
misrepresentations, Elder falsely represented
that the investments were risk-free and that contractual
guarantees of payment were being given by a major
United States bank.
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