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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
EXCHANGE SECURITIES JUDGEMENT DEFENDANTS EXCHANGE COMMISSION COMMON STOCK EXCHANGE ACT PRICE PHOENIX PURCHASES JONATHAN SOLOW CIVIL DISTRICT COURT MANIPULATION SCHULZ KRAMER FRANK CANNATA PETER MINTZ PERMANENTLY ENJOINS VIOLATIONS PENALTY PENDING ENTRY ALLEGATIONS COMPLAINT LASER NOW-DEFUNCT |
U.S. SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.
LITIGATION RELEASE NO. 16955 / April 9, 2001
Securities and Exchange Commission v. Steven H. Schiffer, Joann R.
Schulz, Gary S. Kramer, Jonathan Solow, Frank J. Cannata, and Peter G.
Mintz, 97 Civ. 5853 (RO) (S.D.N.Y.)
JONATHAN SOLOW PERMANENTLY ENJOINED FROM SECURITIES VIOLATIONS AND
ORDERED TO PAY $25,000 CIVIL PENALTY
The Securities and Exchange Commission ("Commission") announced today
that a judgment was entered on April 4, 2001, by the United States
District Court for the Southern District of New York against Jonathan
Solow, a defendant in , 97 Civ. 5853 (RO) (S.D.N.Y.), a civil action
brought by the Commission and currently pending in the District Court.
The judgment permanently enjoins Solow from violating Sections 9(a)(2)
and 10(b) of the Securities Exchange Act of 1934 and Exchange Act Rule
10b-5. Section 9(a)(2) prohibits manipulation of the securities
markets. Section 10(b) and Rule 10b-5 are anti-fraud provisions of the
federal securities laws. The judgment also orders Solow to pay a civil
money penalty of $25,000. Solow consented to the entry of the judgment
without admitting or denying the allegations in the Commission's
complaint, except as to jurisdiction.
The Commission's complaint includes the following allegations Between
May 1992 and August 1992, Solow and other defendants manipulated the
price of the common stock of Phoenix Laser Systems, Inc. ("Phoenix"),
a now-defunct company that was in the business of developing a laser
workstation to perform eye surgery. As part of the scheme to
manipulate the price of Phoenix common stock, which traded on the
American Stock Exchange, Solow, at the direction of Phoenix's CEO,
placed purchase orders for Phoenix common stock in nominee accounts.
Solow was a Phoenix vice president at the time. These purchases often
were executed at or near the end of the trading day, in a manner that
increased the price of the stock. The end-of-day or "marking the
close" purchases frequently caused Phoenix's daily closing price to be
higher than it would have been in the absence of those purchases.
The entry of judgment against Solow resolves this litigation as to all
living defendants. The Commission's motion for summary judgment
against the two remaining defendants -- the estates of now-deceased
defendants Steven H. Schiffer and Gary S. Kramer -- is pending before
the Court. The Commission previously reached settlements with
defendants Joann R. Schulz Frank J. Cannata, and Peter G. Mintz. See
Lit. Rel. No. 15435 (Aug. 7, 1997); Exchange Act Rel. No. 42416
(Feb. 11, 2000); Exchange Act Rel. No. 42880 (June 1, 2000); Lit. Rel
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