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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
DRUCKER SECURITIES COMMISSION ACT SECURITIES EXCHANGE ACT MICHAEL WEINSTOCK RELIEF DEFENDANT PONZI SCHEME ATLANTA DAY-TRADER COMPLAINT LOST MONEY MARK DRUCKER ASSET FREEZE GEORGIA DISTRICT ALLEGES VIOLATIONS THEREUNDER TRADING STOCKS PAY UNJUST ENRICHMENT DISGORGEMENT ILL-GOTTEN GAINS PREJUDGMENT ACCOUNTING FUNDS |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16335 / October 15, 1999
SEC v. Mark Drucker, and Michael Weinstock (Relief Defendant), 1
99-CV-2687 (N.D. Ga.)
SEC Gets TRO, Asset Freeze To Stop Ongoing Ponzi Scheme
Operated by Atlanta Day-Trader
The Commission announced today that it sought and obtained a temporary
restraining order and asset freeze to halt an on-going Ponzi scheme
operated by Mark Drucker ("Drucker"), a resident of Atlanta, Georgia.
The Commission's complaint, which it filed in the United States
District Court for the Northern District of Georgia, alleges that
Drucker has raised millions of dollars from investors and lost
hundreds of thousands of dollars by engaging in extensive day-trading.
According to the Commission's complaint, Drucker violated Section
17(a) of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The
Commission alleges that from at least July 1998 through September
1999, Drucker raised approximately $6.2 million from an estimated 80
investors. Drucker solicits investors by representing that he is a
successful day-trader and that investors will receive returns on their
investment of 50%, or more, in two months or less. Drucker did not
disclose to investors that he has consistently lost money trading
stocks with the investors' money, that he lost in excess of $630,000
trading in stocks in 1999, that he used the investment principal of
recent investors to pay returns to earlier investors, and that he used
money from investors to pay personal expenses, including hundreds of
thousands of dollars to finance elaborate parties.
The Commission's complaint also names Michael Weinstock, an Atlanta
attorney, as a relief defendant who has been unjustly enriched through
his participation in Drucker's scheme. Weinstock invested
approximately $1,035,916 and received approximately $1,575,514 from
Drucker.
The Commission is also seeking preliminary and permanent injunctions
based on violations of Section 17(a) of the Securities Act of 1933 and
Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
thereunder. The Commission also seeks the disgorgement of ill-gotten
gains or unjust enrichment together with prejudgment interest from
Drucker and the relief defendant, as well as an accounting by Drucker
of his use of investors' funds.
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