U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16698 / September 12, 2000
SECURITIES AND EXCHANGE COMMISSION v. REGALD B. SMITH,
Civil Action No. 7 00 cv 358 (E.D. Ky.) (Hood, J.)
The Securities and Exchange Commission ("Commission") announced that
on September 7, 2000, Judge Joseph M. Hood of the United States
District Court for the Eastern District of Kentucky entered an order
of permanent injunction against Regald B. Smith ("Smith") of
Pikeville, Kentucky, pursuant to Smith's consent, without admitting or
denying the Commission's charges, enjoining Smith from violating the
antifraud provisions of the federal securities laws, freezing Smith's
assets, ordering him to account for and disgorge his ill-gotten gains
and pay civil penalties in amounts to be determined, provide the
Commission with expedited discovery and prohibiting the destruction of
documents.
The Commission filed suit against Smith a day earlier seeking
emergency relief in the form of a Temporary Restraining Order and
asset freeze, among other things. In its complaint, the Commission
accused Smith, a registered representative in Stifel Nicolaus's
("Stifel") Pikeville, Kentucky office, of perpetrating an 18-month
scheme to defraud in which he misappropriated more than $5 million
from at least 6 investors who were his brokerage clients. On August
28, 2000, Smith confessed to senior Stifel officials that he had
conducted the scheme by conning clients into purchasing fictitious
bonds, then diverting to his personal use the funds they gave him to
invest.
The Commission alleged that Smith, age 55, was, employed by Stifel as
the Investment Executive in charge of the Firm's Pikeville, Kentucky
office. Smith stole his clients' funds by luring them into believing
he had a "special situation" he could offer them. He told them that
other Stifel Nicolaus clients' were interested, for one reason or
another, in selling short-term bonds from their portfolio. The bonds
were particularly attractive not only because they were short term,
but also because they were tax-free and promised high yields. After
his victims gave him money to purchase the bonds, Smith simply
diverted their funds to his own personal use, including the renovation
of the Hotel Anthony in Pikeville. To conceal his deceit, Smith told
at least one of his victims at or about the time the first bond he
sold to them was about to mature, that he could reinvest the client's
original investment, plus accrued interest, into another tax-free
bond. Smith's repeated this ploy until the victim had written and
given Smith checks totaling $3.8 million, all of which Smith
misappropriated. Smith also admitted that he tried to cover-up his
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
The Securities and Exchange Commission announced that on September 7, 2000, Judge Joseph M.
rge his ill-gotten gains and pay civil penalties in amounts to be determined, provide the
The Commission filed suit against Smith a day earlier seeking emergency relief in the form of
In its complaint, the Commission accused Smith, a registered representative in Stifel
On August 28, 2000, Smith confessed to senior Stifel officials that he had conducted the
After his victims gave him money to purchase the bonds, Smith simply diverted their funds to
To conceal his deceit, Smith told at least one of his victims at or about the time the first
Smith also admitted that he tried to cover-up his scheme by, among other things, attempting
The Commission's complaint charged that Smith's scheme violated the antifraud provisions of
The Commission sought a temporary restraining order, preliminary injunction and permanent
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