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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
SECURITIES COMMISSION INVESTMENT VIOLATIONS SANJAY SAXENA ACT EXCHANGE COMMISSION MUMTAZ SAXENA JUDGEMENT BAR PROVISIONS TOTAL AMOUNT INVESTMENT ADVISERS INVESTMENT COMPANIES CIVIL INVESTMENT ADVISOR COURT ANTIFRAUD SECURITIES LAWS PAY FUND BROKER-DEALER MATERIAL MISREPRESENTATIONS OMISSIONS ANTI-FRAUD PROVISIONS THEREUNDER OFFERING MOTION SUMMARY JUDGEMENT |
SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16641 / AUGUST 2, 2000
SECURITIES AND EXCHANGE COMMISSION v. SANJAY SAXENA AND MUMTAZ SAXENA,
Civil Action No. 98-11918-EFH (D. Mass.)
SEC WINS SUMMARY JUDGMENT AGAINST AN INVESTMENT ADVISOR FOR VIOLATING
A COMMISSION BAR ORDER AND FRAUDULENTLY SELLING UNREGISTERED
SECURITIES
The Securities and Exchange Commission ("Commission") announced today
that on July 25, 2000, the District Court in Massachusetts entered a
final judgment against Defendants Sanjay Saxena and Mumtaz Saxena
enjoining them from further violations of the registration provisions
and the general antifraud and investment advisor antifraud provisions
of the federal securities laws. The judgment also directed the Saxenas
to pay disgorgement in the total amount of $304,703 plus prejudgment
interest in the total amount of $62,501 and to pay civil monetary
penalties in the total amount of $354,703.
On September 18, 1998, the Commission filed a complaint alleging that
in 1995 the Commission barred Sanjay Saxena from the securities
industry due to prior securities law violations. Months later, Saxena
and his wife, Mumtaz Saxena, implemented a scheme to evade the bar by
setting up an investment adviser, Saxena Capital Management Inc., and
two investment companies, Index Timing Fund L.P. and Saxena Growth
Fund, for which Mumtaz Saxena was nominally the principal. In reality
Sanjay Saxena was actively associated with these entities from the
outset and their investment decisions tracked the recommendations in
newsletters that he published over an Internet website entitled "Vital
Information." The Commission alleged that Sanjay Saxena violated the
bar by associating with the entities as well as by continuing to
receive fees under a separate consulting agreement with a
broker-dealer. Further, the Saxenas made material misrepresentations
and omissions to investors in their companies and they failed to
register the two investment companies with the Commission.
Accordingly, the Saxenas violated the anti-fraud provisions of Section
17(a) of the Securities Act of 1933, Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1)
and 206(2) of the Investment Advisers Act of 1940 and violated
Sections 5(a) and 5(c) of the Securities Act of 1933 by offering and
selling unregistered securities. Sanjay Saxena also violated Section
206(4) of the Investment Advisers Act of 1940. On June 30, 2000, the
Commission filed a motion for summary judgement against the Saxenas
which the Court granted on July 18, 2000.
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