SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16362 / November 18, 1999
SECURITIES AND EXCHANGE COMMISSION v. PASCHAL GENE ALLEN, Civil Action
No. 1 99-CV-2986 (N.D. Ga.) (Nov. 18, 1999).
SEC CHARGES FORMER PUBLIC FINANCE BANKER
WITH DEFRAUDING FULTON COUNTY, GEORGIA
Banker to Pay $20,000 Penalty
The Securities and Exchange Commission today announced the filing of a
complaint against Paschal Gene Allen, a former public finance banker
in the Atlanta office of Stephens Inc., for taking undisclosed
payments in connection with a securities investment he recommended to
his financial advisory client, Fulton County, Georgia. The complaint
also charges Allen with taking undisclosed compensation from
underwriter's counsel in connection with five local bond issues in
Georgia.
The complaint, filed in the Northern District of Georgia, alleges the
following In the Fall of 1994, Allen recommended to Fulton County that
it take certain County funds and invest them in a portfolio of
long-term United States Treasury securities and an associated put
option. The County adopted Allen's recommendation, and the transaction
closed on November 29, 1994. Allen did not disclose, however, that he
arranged to take, and subsequently took, $20,970.10 in payments in
connection with the transaction. Allen's failure to disclose the
arrangement, the payment, and the actual and potential conflicts of
interest created thereby violated the following antifraud provisions
of the federal securities laws Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 thereunder. By 1998, Allen had
paid the $20,970.10 over to Stephens, after disclosing the payments to
the firm. In other conduct occurring between September 1991 and April
1993, Allen also received undisclosed compensation totaling $10,900
from underwriter's counsel in connection with five separate municipal
securities offerings in Georgia. In these offerings, Stephens served
as underwriter and a Georgia law firm served as underwriter's counsel.
In each offering, the issuer paid the underwriter's counsel fees of
the law firm. Yet, Allen, who served as Stephens' lead banker on the
transactions, did not disclose his payment arrangement with the law
firm to the issuers or in the bonds' offering documents. Allen's
failure to disclose this compensation violated Section 15B(c)(1) of
the Exchange Act and Rule G-17 of the Municipal Securities Rulemaking
Board.
Simultaneously with the filing of the complaint, without admitting or
denying the complaint's allegations, Allen agreed to the entry of a
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. PASCHAL GENE ALLEN, Civil Action No. 1 99-CV-2986 (N.D.
SEC CHARGES FORMER PUBLIC FINANCE BANKER
The Securities and Exchange Commission today announced the filing of a complaint against
The complaint also charges Allen with taking undisclosed compensation from underwriter's
The County adopted Allen's recommendation, and the transaction closed on November 29, 1994.
Allen's failure to disclose the arrangement, the payment, and the actual and potential
By 1998, Allen had paid the $20,970.10 over to Stephens, after disclosing the payments to the
In other conduct occurring between September 1991 and April 1993, Allen also received
Stephens served as underwriter and a Georgia law firm served as underwriter's counsel.
the issuer paid the underwriter's counsel fees of the law firm.
Allen's failure to disclose this compensation violated Section 15Bof the Exchange Act and
Simultaneously with the filing of the complaint, without admitting or denying the complaint's
|