U.S. SECURITIES & EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 16654 / August 16, 2000
United States v. James Michael Cogley and The Ohio Estate Group, Inc.,
CR2-00-27 (S.D. Ohio 1999)
James Michael Cogley Sentenced
The U.S. Securities and Exchange Commission ("Commission") and the
U.S. Attorneys' Office for the Southern District of Ohio announced
that on August 9, 2000, James Michael Cogley ("Cogley") was sentenced
to 57 months imprisonment for one count of mail fraud. He also
received 3 years supervised probation and a special assessment of
$100. Cogley and The Ohio Estate Group ("OEG"), a company Cogley
controlled, were also ordered to pay restitution in the amount of
$2,751,828. The criminal action arose out of the Commission's civil
action brought against Cogley and OEG, which enjoined them from
violating the anti-fraud provisions of the federal securities laws.
Cogley, a registered investment adviser, received approximately
$2,751,828 from 83 investors, primarily elderly and retired persons,
for the purpose of investing in real estate development. The money was
ultimately used instead for office rent, payroll, business and
personal expenses. Only $547,000 was invested in real estate
development. In pronouncing the sentence, U.S. Judge for the Southern
District of Ohio, the Honorable Edmund A. Sargus Jr. said, " You have
caused enormous harm. I find this conduct despicable." Cogley was
denied self-surrender and was immediately taken into custody to begin
serving his sentence.
On November 29, 1999, Cogley consented to the entry of an Order of
Permanent Injunction enjoining Cogley and OEG from engaging in
violations of Section 17(a) of the Securities Act of 1933, Sections
10(b), 15(a) (1) and 15 (c)(1) of the Securities and Exchange Act of
1934, Rules 10b-5 and 15c1-2 promulgated thereunder and Sections
206(1) and (2) of the Investment Advisors Act of 1940. Also, on August
10, 2000, Cogley consented to the entry of an Administrative Order
Instituting Proceedings, Making Findings and Imposing Remedial
Sanctions barring him from association with any broker, dealer or
investment adviser.
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Modified 08/16/2000
SNIPPETS:
U.S. SECURITIES & EXCHANGE COMMISSION
United States v. James Michael Cogley and The Ohio Estate Group, Inc., CR2-00-27 (S.D.
The U.S. Securities and Exchange Commission and the U.S. Attorneys' Office for the Southern
Cogley and The Ohio Estate Group, a company Cogley controlled, were also ordered to pay
The criminal action arose out of the Commission's civil action brought against Cogley and
Cogley, a registered investment adviser, received approximately $2,751,828 from 83 investors,
Only $547,000 was invested in real estate development.
In pronouncing the sentence, U.S. Judge for the Southern District of Ohio, the Honorable
" You have caused enormous harm.
Cogley was denied self-surrender and was immediately taken into custody to begin serving his
On November 29, 1999, Cogley consented to the entry of an Order of Permanent Injunction
Also, on August 10, 2000, Cogley consented to the entry of an Administrative Order
Sanctions barring him from association with any broker, dealer or investment adviser.
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