|
Securities COMMISSION
AND EXCHANGE
Litigation Release
No. 16020 / January 12, 1999
SECURITIES AND
EXCHANGE COMMISSION v. BARNARD SACKETT, JOHN H. SCHRIEK AND ENVIROLAND, LTD., Civ. Action No. 97-5934
U.S.D.C., E.D. Pa.
The Commission
announced that on January 4, 1999, the
Honorable Anita Brody, United States District
Court Judge for the
Eastern District of Pennsylvania, entered
final judgments by
default ("Final Judgments") that
permanently enjoin defendants John H. Schriek ("Schriek") and Enviroland, Ltd.
("Enviroland")
from committing securities fraud and order
them to pay a total of
$1.2 million in fines. The Commission's
Complaint, which was
filed on September 22, 1997, alleges, among
other things, that
Schriek and Enviroland, together with defendant
Barnard Sackett
("Sackett"), solicited the Bankruptcy
Estate for the Foundation
For New Era Philanthropy, Inc. in Philadelphia,
Pennsylvania, as
well as at least one other investor, to
invest as much as $100
million in fraudulent "prime bank"
securities. The Complaint
also alleges that the defendants guaranteed
investors the
repayment of principal and returns on their
investments at the
annual rate of at least 360% and as great
as 528%. The
Commission's Complaint further alleges
that the defendants
requested that those investors recommend
the fictitious "prime
bank" securities to hundreds of non-profit
organizations and
charities that are associated with or creditors
of those
investors. The Final Judgments permanently
enjoin Schriek and
Enviroland from violating Section 17 of
the Securities Act of
1933, and Section 10(b) of the Securities
Exchange Act of 1934
and Rule 10b-5 thereunder, and impose civil
penalties against
Schriek in the amount of $200,000, and
against Enviroland in the
amount of $1 million. Sackett, without
admitting or denying the
allegations contained in the Complaint,
previously consented to the entry of a final judgment which enjoined him from committing
securities fraud and did not impose a civil
penalty based on his
demonstrated inability to pay.
|