UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16635 / July 27, 2000
SECURITIES AND EXCHANGE COMMISSION v. FIRST CHOICE MANAGEMENT
SERVICES, INC. and GARY VAN WAEYENBERGHE, Civil Action No. 3
00CV0446RM (N.D. Ind.)(filed July 26, 2000)
SEC OBTAINS ASSET FREEZE AGAINST TWO-TIME FELON IN AUTO RECEIVABLES
FRAUD
The Commission announced that on July 26, 2000, it filed a complaint
and motion for emergency relief in federal court in South Bend,
Indiana, charging Gary Van Waeyenberghe, a Mishawaka, Indiana
resident, and First Choice Management Services, Inc., (First Choice)
with an ongoing nationwide investment fraud featuring so-called
"Enhanced Automobile Receivables." In response to the Commission's
motion, Judge Robert Miller imposed a temporary restraining order, an
asset freeze, and other emergency relief.
According to the Commission's complaint, Van Waeyenberghe and First
Choice persuaded at least 200 investors in 29 states to invest more
than $21 million in the investment program from November 1999 to the
present. Investors were allegedly told that their investments would be
used to buy high-interest automobile loans for their own accounts,
that the investments were guaranteed to yield 11%, that the loans were
guaranteed against default by Lloyd's of London, that if an automobile
loan defaulted, it would be replaced in the investor's account with
another loan, and that the program was managed by "a highly successful
and seasoned management team, most of whom have maintained senior
level positions with top-level corporations for almost 20 years."
The complaint alleges that the head of the "management team", Van
Waeyenberghe was enjoined for his role in a securities fraud in 1984,
has twice been convicted of felonies including mail fraud, conspiracy
to defraud the United States, and preparing false tax returns, and is
now under indictment for bank fraud and bankruptcy fraud. The
complaint further alleges that Van Waeyenberghe and First Choice have
misappropriated millions of dollars from the amounts invested, that
the automobile loans were not purchased as promised, that the
investments were not insured against default by Lloyd's of London, and
that First Choice could not guarantee an 11% return as promised.
The Complaint alleges that Van Waeyenberghe and First Choice violated
Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, and
Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
thereunder. In addition to emergency relief, it seeks a preliminary
injunction, a permanent injunction, disgorgement of profits, civil
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
FIRST CHOICE MANAGEMENT SERVICES, INC. and GARY VAN WAEYENBERGHE, Civil Action No. 3
SEC OBTAINS ASSET FREEZE AGAINST TWO-TIME FELON IN AUTO RECEIVABLES FRAUD
The Commission announced that on July 26, 2000, it filed a complaint and motion for emergency
In response to the Commission's motion, Judge Robert Miller imposed a temporary restraining
According to the Commission's complaint, Van Waeyenberghe and First Choice persuaded at least
Investors were allegedly told that their investments would be used to buy high-interest
ith top-level corporations for almost 20 years."
The complaint alleges that the head of the "management team", Van Waeyenberghe was enjoined
The complaint further alleges that Van Waeyenberghe and First Choice have misappropriated
The Complaint alleges that Van Waeyenberghe and First Choice violated Sections 5, 5, and 17of
In addition to emergency relief, it seeks a preliminary injunction, a permanent injunction,
The Commission thanks the South Bend, Indiana, office of the Federal Bureau of Investigation
|