UNITED
STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 17031 \ June 7, 2001
SECURITIES
EXCHANGE COMMISSION V IAN RENERT ET AL..,
United States District Court for the District
of Connecticut 301CV1027:PCD (June 6, 2001).
COMMISSION
SUES IAN RENERT, ARCHITECT OF $22 MILLION FRAUD
INVOLVING OFFSHORE MUTUAL FUNDS, AND OBTAINS EMERGENCY
ASSET FREEZE
The
Securities and Exchange Commission announced that
on June 7, 2001, Judge Peter C. Dorsey of the
District of Connecticut issued an emergency order
freezing assets against Ian Laurence Renert of
Wilton, Connecticut, and Hawthorne Sterling &
Co., an unregistered investment adviser in Wilton,
Connecticut. Judge Dorsey also required Renert
and Hawthorne to prepare an accounting and ordered
expedited discovery.
The
Judge's order was based on the Commission's motion
and a complaint filed today against Renert and
Hawthorne. The Commission's complaint alleges
that Renert, the owner and control person of Hawthorne,
was the architect of a $22 million fraudulent
offering of interests in unregistered offshore
mutual funds. The Commission alleges that from
at least June 1997 through June 2000, Renert and
Hawthorne induced more than 700 investors in 49
states and more than 100 investors overseas to
purchase interests in 30 entities known as the
Hawthorne Sterling Family of Funds. Through the
Internet, offshore seminars and a network of sales
agents, Renert and Hawthorne misrepresented that
the Funds would invest in bank debentures, which
in this case, were fictitious prime bank instruments.
The Commission also alleges that the Defendants
failed to disclose that Renert used Fund assets
to engage in day trading in Internet stocks, losing
at least $2.2 million, and to fund a mortgage
on one of Renert's homes. In addition, the complaint
alleges that Renert and Hawthorne misrepresented
their qualifications and overstated the performance
of the Funds. The Commission further alleges that
the Defendants misrepresented that an investment
in the Funds was low risk.
The
Commission's complaint charges that Renert and
Hawthorne violated the antifraud provisions of
the Securities Act of 1933 (Section 17(a)), the
Securities Exchange Act of 1934 (Section 10(b)
and Rule 10b-5 thereunder) and the Investment
Advisers Act of 1940 (Section 206). The complaint
also alleges that the defendants violated the
registration provisions of the Securities Act
(Section 5) and the Investment Company Act of
1940 (Section 7(d)) by failing to register their
securities offering and the Funds with the Commission.
In addition to the relief already granted, the
Commission seeks an injunction prohibiting future
violations of the securities laws, disgorgement
and civil penalties.
Separately,
the Commission announced that it reached a settlement
with Donna L. Wood, the administrator of the Funds
during the relevant period. Without admitting
or denying the Commission's allegations, Wood
consented to the entry of a permanent injunction
against future violations of the antifraud provisions
of the Securities Act, the Exchange Act and the
Investment Advisers Act. In addition, Wood agreed
to pay disgorgement of $100,000, with $90,000
waived due to a demonstrated inability to pay.
Civil penalties were not assessed based on Wood's
demonstrated inability to pay. In a related administrative
proceeding to be instituted, Wood consented to
a bar from association with an investment adviser
with the right to reapply in three years.
from:
http://www.sec.gov/litigation/litreleases/lr17031.htm
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