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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
CAYMAN COOK CAUSEY SECURITIES DEFENDANTS INVESTORS COMMISSIONS EXCHANGE PERMANENT INJUNCTIONS COMPLAINT PAY ACT AMOUNTS PRIME BANK COURT SCHEME INVESTOR FUNDS DISGORGEMENT AMOUNTS JUDGE DISTRICT PROJECTIONS DISCLOSE INTERSTATE COMMERCE SELL COUNTRY FUTURE VIOLATIONS THEREUNDER DISGORGE ILL-GOTTEN GAINS EXCESS |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16195 \ June 25, 1999
Federal Judge Permanently Enjoins Four Defendants In Prime Bank Fraud
The Securities and Exchange Commission ("Commission") announced today
that Judge Jack T. Camp of the United States District Court for the
Northern District of Georgia entered an Order of Permanent Injunction
and Other Relief against Clarence Wayne Cook ("Cook"), Brian E. Causey
("Causey"), Haven Quest and Cayman South International, Inc.
("Cayman"). The four defendants consented to the entry of permanent
injunctions without admitting or denying the allegations of the
Commissions complaint. The complaint alleged that Cook and Causey,
through their controlled entities Haven Quest and Cayman, orchestrated
a fraudulent prime bank scheme.
The Commissions complaint alleged that Cook and Causey individually
and through Haven Quest and Cayman, effected the scheme by falsely
promoting the purported trading programs as legitimate, virtually
no-risk investments with projected returns of 900% in 20 weeks for the
Cayman program and up to 500% over ten months for the Haven Quest
program, when the programs touted were non-existent and they had no
reasonable basis for such projections. Cook and Causey falsely
represented that investor funds would be secured by bank certificates
of deposit, and failed to disclose that Haven Quest would pay at least
20% of all investor funds directly to themselves as purported
commissions pursuant to undisclosed agreements with Haven Quest. Cook
and Causey also failed to disclose that $430,000 of funds raised from
Haven Quest investors would be used to refund monies to Cayman program
investors when the Cayman program failed due to an unsuccessful
"trade." The complaint further alleged that while continuing their
scheme, the defendants conducted offerings by use of the mails and
other channels in interstate commerce to sell at least $3 million in
securities in the Cayman and Haven Quest programs to investors
throughout the country.
In addition to permanent injunctions to prevent future violations of
Section 17(a) of the Securities Act of 1933 ("Securities Act") and
Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act")
and Rule 10b-5 thereunder, the Court ordered the four defendants to
disgorge ill-gotten gains in the amounts of $2,010,432 (Cook);
$2,006,463 (Causey); $958,195 (Haven Quest) and $484,000 (Cayman).
Disgorgement amounts for Haven Quest and Cayman were waived based upon
each entitys demonstrated inability to pay. Disgorgement amounts in
excess of $40,000 each for Cook and Causey were waived based upon each
of their demonstrated inabilities to pay beyond that amount. The Court
did not impose civil penalties against any of the defendants based
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