SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16644 / August 3, 2000
SECURITIES AND EXCHANGE COMMISSION V. CHEMICAL TRUST, ET. AL., Case
No. 00-8015-CIV-RYSKAMP (S.D. Fla.)
The Securities and Exchange Commission announced that on July 28,
2000, the Honorable Kenneth L. Ryskamp, United States District Judge
for the Southern District of Florida, entered a summary judgment
against defendants Chemical Trust ("Chemical"), U.S. Guarantee Corp.
("U.S. Guarantee"), and United Marketing Trust ("United") and against
relief defendants Three Rivers Trust ("Three Rivers") and Merrit
Pierce Trust ("Merrit Pierce"). The judgment permanently enjoins
Chemical, U.S. Guarantee, and United from violating the registration
and anti-fraud provisions of the federal securities laws, namely
Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933
("Securities Act") and Section 10(b) of the Securities Exchange Act of
1934 ("Exchange Act") and Rule 10b-5 thereunder. The judgment also
orders defendants Chemical and United to disgorge, jointly and
severally, $17 million in ill-gotten gains. Defendant U.S. Guarantee
and relief defendants Three Rivers and Merrit are ordered to disgorge
$3,290,000, $800,000 and $60,000, respectively, in ill-gotten gains.
The judgment also orders defendants Chemical, U.S. Guarantee, and
United to pay $100,000 each in civil penalties. The Court also
continued an order requiring defendants Chemical, U.S. Guarantee, and
United and relief defendants Three Rivers and Merrit to preserve
records until further order.
On January 7, 2000, the SEC filed a complaint against Chemical Trust,
U.S. Guarantee, United, Virgil W. Womack ("Womack"), Clifton Wilkinson
("Wilkinson"), Lewey L. Cato, III ("Cato"), and Alvin A. Tang
("Tang"), among others, seeking emergency relief. On January 7, 2000,
the Court entered a temporary restraining order and asset freeze
against the defendants and, on January 13, 2000, entered a preliminary
injunction against them. On April 12, 2000, the Court entered a
consent injunction against Tang, in which he neither admits nor denies
the allegations against him, permanently enjoining him from violating
the registration and anti-fraud provisions of the federal securities
laws, namely Sections 5(a), 5(c) and 17(a) of the Securities Act and
Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and
ordered him to pay disgorgement and civil penalties in amounts to be
subsequently determined. Also, on May 12, 2000, the Court entered a
default judgment against relief defendant Prestige Accounting
Services, Inc. ("Prestige"), froze its assets, and ordered Prestige to
pay disgorgement and to repatriate investors' funds. On June 6, 2000,
the Court entered summary judgment against defendants Womack,
Wilkinson, and Cato, permanently enjoining them from further
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION V. CHEMICAL TRUST, ET. AL., Case No. 00-8015-CIV-RYSKAMP
The Securities and Exchange Commission announced that on July 28, 2000, the Honorable Kenneth
Guarantee"), and United Marketing Trust and against relief defendants Three Rivers Trust and
The judgment permanently enjoins Chemical, U.S. Guarantee, and United from violating the
The judgment also orders defendants Chemical and United to disgorge, jointly and severally,
The judgment also orders defendants Chemical, U.S. Guarantee, and United to pay $100,000 each
On January 7, 2000, the Court entered a temporary restraining order and asset freeze against
On April 12, 2000, the Court entered a consent injunction against Tang, in which he neither
Also, on May 12, 2000, the Court entered a default judgment against relief defendant Prestige
On June 6, 2000, the Court entered summary judgment against defendants Womack, Wilkinson, and
According to the SEC's complaint, the defendants made material misrepresentations and
The contracts promised investors returns of between 9.25% to 15% annually,
The complaint further alleges that Chemical represented to investors that their funds would
The complaint further alleges that the defendants made material misrepresentations and
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