SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 16615 / June 30, 2000
SECURITIES AND EXCHANGE COMMISSION v. MICHAEL BATTERMAN,
RANDALL B. BATTERMAN III, AND DYNASTY FUND, LTD.
00 Civ. 4835 (LAP) (S.D.N.Y.)
The Commission announced today that it filed a Complaint in the United
States District Court for the Southern District of New York on June
29, 2000 charging a father and son, and a British Virgin Islands
corporation, in connection with a fraudulent scheme to sell the
corporation's securities and misappropriate at least $925,000 of
investor funds.
Named in the Complaint filed today are
Michael Batterman ("M. Batterman") who is 67 years old and lives in
Hackensack, New Jersey.
Randall B. Batterman III ("R. Batterman") who is 37 years old, lives
in New York, New York, and is M. Batterman's son.
Dynasty Fund, Ltd. ("Dynasty") a British Virgin Islands corporation
that claims to be an open-end investment management company.
The Complaint alleges that, since at least November 1993, M.
Batterman, R. Batterman, and Dynasty fraudulently sold at least
$925,000 of Dynasty's securities by promoting M. Batterman as a
successful investment adviser with an unblemished record who would
manage Dynasty's funds. In fact, M. Batterman had previously pled
guilty to two felony counts of federal income tax evasion in 1993, was
found by the court in those proceedings to have converted unlawfully
$1.5 million in investors' funds for personal use, and was sanctioned
in 1976 by the Commission for securities law violations and the New
York Stock Exchange ("NYSE") for violation of NYSE rules. In order to
conceal their fraud and solicit additional investments in Dynasty, M.
Batterman and R. Batterman misrepresented Dynasty's performance. The
Complaint also alleges that M. Batterman misappropriated at least
$925,000 of investors' funds, and that R. Batterman aided and abetted
his father's misappropriation.
As a result of the foregoing, the Commission alleges that M.
Batterman, R. Batterman, and Dynasty committed securities fraud in
violation of Section 17(a) of the Securities Act of 1933, 15 U.S.C.
77q(a), Section 10(b) of the Securities Exchange Act of 1934, 15
U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5. The Commission
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. MICHAEL BATTERMAN,
RANDALL B. BATTERMAN III, AND DYNASTY FUND, LTD.
The Commission announced today that it filed a Complaint in the United States District Court
Michael Batterman who is 67 years old and lives in Hackensack,
Dynasty Fund, Ltd. a British Virgin Islands corporation that claims to be an open-end
The Complaint alleges that, since at least November 1993, M. Batterman, R. Batterman, and
In fact, M. Batterman had previously pled guilty to two felony counts of federal income tax
In order to conceal their fraud and solicit additional investments in Dynasty, M. Batterman
The Complaint also alleges that M. Batterman misappropriated at least $925,000 of investors'
As a result of the foregoing, the Commission alleges that M. Batterman, R. Batterman, and
The Commission seeks a Final Judgment against M. Batterman, R. Batterman, and Dynasty
The litigation is pending as to all defendants.
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