SECURITIES EXCHANGE COMMISSION
Litigation Release No. 16693 / September 7, 2000
ECURITIES AND EXCHANGE COMMISSION v. DANA C. GIACCHETTO AND THE
CASSANDRA GROUP, INC., 00 Civ. 2502 (LMM)) (SDNY)
The Securities and Exchange Commission announced today that the
Honorable Lawrence M. McKenna, United States District Judge for the
Southern District of New York, entered a Partial Judgment of Permanent
Injunction By Consent Against Dana C. Giacchetto.
In the underlying action, which was filed on April 3, 2000, the
Commission alleged that Giacchetto, through his wholly owned
investment advisory firm, The Cassandra Group, Inc., from September
1997 until late March 2000, unlawfully gained possession of at least $
20 million in client funds and diverted more than $4 million to pay
Cassandra's operating expenses, fund Giacchetto's own lavish
lifestyle, and compensate other clients who had been defrauded earlier
in the scheme. Among other things, Giacchetto stole money by directing
Brown & Company, a registered broker-dealer, to issue checks payable
to particular Cassandra clients, drawing on funds held in those
clients' Brown accounts, and to deliver the checks to Cassandra.
Giacchetto then endorsed the checks himself, in his own name, and
deposited the funds in Cassandra's corporate bank accounts. As
Giacchetto paid complaining clients with funds stolen from other
clients, Cassandra became a giant "asset-kiting" scheme. To conceal
his diversion of funds, Giacchetto made a variety of
misrepresentations to his clients.
Giacchetto consented to the partial judgment without admitting or
denying the Commission's allegations in its Complaint.
The partial judgment permanently enjoins Giacchetto from violating
Section 17(a) of the Securities Act, Section 10(b) of the Securities
Exchange Act and Rule 10b-5 thereunder, and from violating and/or
aiding and abetting violations of Sections 207, 204, 206(1), 206(2),
and 206(4) of the Investment Advisers Act and Rules 204-2, 206(4)-2,
and 206(4)-4 thereunder. The partial judgment also provides that the
determination of the Complaint's request for disgorgement of
ill-gotten gains and prejudgment interest, and the payment of civil
penalties by Giacchetto, if any, will be determined through future
stipulation of the parties, or by determination of the Court.
See also prior Litigation Release No. 16499.
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Modified 09/08/2000
SNIPPETS:
SECURITIES EXCHANGE COMMISSION
ECURITIES AND EXCHANGE COMMISSION v. DANA C. GIACCHETTO AND THE CASSANDRA GROUP, INC., 00 Civ.
The Securities and Exchange Commission announced today that the Honorable Lawrence M.
In the underlying action, which was filed on April 3, 2000, the Commission alleged that
Among other things, Giacchetto stole money by directing Brown & Company, a registered
As Giacchetto paid complaining clients with funds stolen from other clients, Cassandra became
Giacchetto consented to the partial judgment without admitting or denying the Commission's
The partial judgment permanently enjoins Giacchetto from violating Section 17of the
The partial judgment also provides that the determination of the Complaint's request for
See also prior Litigation Release No. 16499.
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