UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16366 / NOVEMBER 19, 1999
SECURITIES AND EXCHANGE COMMISSION V. SUNPOINT SECURITIES, INC., VAN
R. LEWIS III AND MARY ELLEN WILDER,
Case No. 6 99-CV-667, USDC, EASTERN DISTRICT OF TEXAS, TYLER DIVISION
The U.S. Securities and Exchange Commission ("Commission") announced
today that it filed a civil lawsuit charging two corporate officers of
Sunpoint Securities, Inc. ("Sunpoint" or "the firm"), a self-clearing
broker-dealer registered with the Commission, with systematically
looting as much as $25 million from a money market account which the
firm maintained for its customers. The Commission's complaint alleges
that from December 1997 through the present, Sunpoint illegally
transferred money market funds belonging to its customers to the
firm's clearing account for the firm's operating capital, to satisfy
the firm's net capital requirements and for the personal benefit of
the firm's president and chief executive officer. The diversion of
customer funds resulted in the firm presently having available only
approximately $12 million in the customer money market account to
cover about $37 million in money market obligations to its customers.
As a result of this shortfall, Sunpoint is grossly below its net
capital and customer reserve requirements. The firm ceased business on
November 18, 1999.
Until ceasing business, Sunpoint was a full service, self-clearing
broker-dealer based in Longview, Texas, which has been registered with
the Commission since 1989. The firm is a member of the National
Association of Securities Dealers ("NASD"). Sunpoint has over 100
registered representatives throughout the country, many of whom
operate out of one-person offices. The firm also has larger branch
offices in Fort Worth and Tyler, Texas, Rochester and Yonkers, N.Y.,
Chantilly, Virginia, and Wyomissing, York and Pittsburgh,
Pennsylvania. Sunpoint's common stock is traded on the OTC Bulletin
Board under the symbol "SNPC".
According to the Commission's complaint, the scheme was devised,
and/or participated in, by Van R. Lewis, III ("Lewis") and Mary Ellen
Wilder ("Wilder").
Lewis, age 53, is the founder, CEO and majority shareholder of
Sunpoint. Lewis has been in the securities industry since 1988 and is
a registered principal. In June 1994, Lewis was sanctioned by the NASD
for violating certain NASD rules which resulted in a net capital
violation by Sunpoint. In September 1994, he was sanctioned by a state
securities regulator for violations of the net capital rule and for
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
The U.S. Securities and Exchange Commission announced today that it filed a civil lawsuit
The Commission's complaint alleges that from December 1997 through the present, Sunpoint
The diversion of customer funds resulted in the firm presently having available only
As a result of this shortfall, Sunpoint is grossly below its net capital and customer reserve
Until ceasing business, Sunpoint was a full service, self-clearing broker-dealer based in
According to the Commission's complaint, the scheme was devised, and/or participated in, by
Lewis, age 53, is the founder, CEO and majority shareholder of Sunpoint.
Lewis was sanctioned by the NASD for violating certain NASD rules which resulted in a net
he was sanctioned by a state securities regulator for violations of the net capital rule and
Wilder has been in the securities industry since 1993 and is a registered principal.
Simultaneously with the filing of the Commission's lawsuit, the Securities Investor
In its lawsuit, filed today, the Commission has sought emergency orders temporarily
iscovery.
Sunpoint, without admitting or denying any wrongdoing, has agreed to an Order of Preliminary
In its complaint, the Commission alleges that Sunpoint, Lewis and Wilder violated and/or
-Dealer Reporting and Record-Keeping Provisions, Sections 17and 17of the Exchange Act and Rules
In addition to the emergency relief described above, the Commission is seeking preliminary
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