SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16932 / March 14, 2001
SECURITIES AND EXCHANGE COMMISSION V. SIMON M. ROSENFELD, TERRY D.
KOCHANOWSKI, AND JOHN F. YAKIMCZYK, 97 Civ. 1467 (S.D.N.Y.) (WHP)
The Securities and Exchange Commission ("Commission") announced today
that on March 12, 2001, the Honorable William H. Pauley III, United
States District Judge for the Southern District of New York, entered a
final judgment against defendant Simon M. Rosenfeld ("Rosenfeld").
Rosenfeld, a lawyer, resides in Toronto, Canada and formerly served as
the president, treasurer and director of the publicly traded
corporation Synpro Environmental Services, Inc. (f/k/a Sherwood
Corporation) ("Synpro"). In connection with his activities with
Synpro, Rosenfeld violated the antifraud, registration and other
provisions of the federal securities laws, and the Court previously
enjoined Rosenfeld from violating these provisions of the securities
laws. Based on Rosenfeld's violations of the securities laws, the
Court's final judgment required Rosenfeld to pay $1,093,189 in
disgorgement, $630,386.63 in prejudgment interest, and $1,093,189 in
civil penalties, for a total award of $2,816,764.63.
On April 21, 2000, the Court entered a partial default judgment
against Rosenfeld. The Court found that from 1991 through 1994,
Rosenfeld orchestrated a "pump and dump" scheme involving Synpro
common stock. Rosenfeld furthered this scheme by disseminating
materially false and misleading information, and failing to disclose
material information, in a number of Synpro's annual, quarterly and
other reports. For instance, Rosenfeld directed Synpro to overstate
the value of the company's assets by falsely reporting, among other
things, that Synpro owned a $15 million, 17-acre property on the Isle
of Rhodes, Greece. Rosenfeld also failed to disclose the related party
nature of numerous transactions to which Synpro was a party. Rosenfeld
made these misrepresentations to make Synpro appear to have
significant value, and "pump up" the value of its stock, and thereby
permit Rosenfeld to sell (or "dump") millions of unregistered shares
of his personal holdings in Synpro stock through a complex network of
offshore corporations and brokerage accounts to unsuspecting
investors. The Court also found that Rosenfeld took a number of
actions to condition the market for Synpro stock. Rosenfeld was able
to sell his Synpro stock by, among other things, making undisclosed
stock and/or cash kickbacks to defendant John Yakimczyk, a broker, and
other stock promoters, for inducing investors to purchase the Synpro
shares in the market.
The partial final judgment entered against Rosenfeld permanently
enjoined him from violating Sections 5(a), 5(c) and 17(a) of the
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16932 / March 14,
The Securities and Exchange Commission announced today that on March 12, 2001, the Honorable
In connection with his activities with Synpro, Rosenfeld violated the antifraud, registration
Based on Rosenfeld's violations of the securities laws, the Court's final judgment required
Rosenfeld furthered this scheme by disseminating materially false and misleading information,
For instance, Rosenfeld directed Synpro to overstate the value of the company's assets by
Rosenfeld also failed to disclose the related party nature of numerous transactions to which
Rosenfeld made these misrepresentations to make Synpro appear to have significant value, and
Rosenfeld was able to sell his Synpro stock by, among other things, making undisclosed stock
Securities Exchange Act of 1934, and Rules 10b-5, 12b-12, 13a-1, 13a-13, 13b2-1 and 13b2-2
The Commission previously reached settlements with defendant Yakimczyk and defendant Terry
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