SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16650 / August 10, 2000
SEC v. Kenneth R. Payne, et al., S.D. IN; No.IP00-1265C
COURT TEMPORARILY ENJOINS SIX DEFENDANTS IN $29 MILLION PONZI SCHEME
The Commission announced that on August 10, 2000, Judge Tinder of the
United States District Court for the Southern District of Indiana
entered a temporary restraining order against Defendants JMS
Investment Group, LLC, Heartland Financial Services, Inc., Kenneth
Payne, Johann Smith, Daniel Danker and Constance Brooks-Kiefer for
defrauding 330 investors, many of whom were elderly, out of $29.1
million. The Complaint alleged that from at least March 1999 to the
present, the defendants offered and sold initial public offerings of
financial institutions and Internet and technology companies,
represented by a unit of JMS. In addition, the defendants sold shares
of a bank located in Belize. The Complaint further alleged that the
defendants held Heartland out to the public as a brokerage firm and
accepted money to purchase unit investment trusts, mutual funds and
money markets. In reality, of the $29.1 million raised from investors,
less than $2 million was used for legitimate investment purposes,
while $2.2 million was paid to the defendants, $1.3 million was
withdrawn in cash, nearly $1 million was used for travel and
entertainment expenses and $15 million was used to repay investors in
the Ponzi scheme.
The Court granted the Commission's emergency motion and temporarily
enjoined all of the defendants from violations of the antifraud
provisions of the federal securities laws, Section 17(a) of the
Securities Act of 1933, Section 10(b) of the Securities Exchange Act
of 1934 and Rule 10b-5 thereunder; temporarily enjoined Defendants
JMS, Smith, Payne and Danker from violations of the registration
provisions, Sections 5(a) and 5(c) of the Securities Act; and
Defendants Heartland, JMS, Smith, Payne and Danker from violations or
aiding and abetting violations of the broker-dealer registration and
antifraud provisions, Sections 15(a) and 15(c) of the Exchange Act and
Rule 15c1-2 thereunder, respectively. Finally, the Court entered
orders freezing the assets of all of the defendants and prohibiting
the destruction of documents.
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Modified 08/16/2000
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
COURT TEMPORARILY ENJOINS SIX DEFENDANTS IN $29 MILLION PONZI SCHEME
The Commission announced that on August 10, 2000, Judge Tinder of the United States District
The Complaint alleged that from at least March 1999 to the present, the defendants offered
The Complaint further alleged that the defendants held Heartland out to the public as a
The Court granted the Commission's emergency motion and temporarily enjoined all of the
from violations or aiding and abetting violations of the broker-dealer registration and antifraud
the Court entered orders freezing the assets of all of the defendants and prohibiting the
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