SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16096 / March 26, 1996
SECURITIES AND EXCHANGE COMMISSION v. JAMES MICHAEL COGLEY, et
al., S.D. OH; No. C2-98-802
UPON EMERGENCY MOTION OF THE COMMISSION, COURT FINDS JAMES
MICHAEL COGLEY IN CIVIL CONTEMPT FOR VIOLATING PRELIMINARY
INJUNCTION ORDER
The Commission announced that on March 5, 1999, the United
States District Court for the Southern District of Ohio found
James Michael Cogley (Cogley) in civil contempt for violating
provisions of an Order of Preliminary Injunction entered against
him by consent on August 18, 1998.
On August 11, 1998, the Commission first filed its complaint
against Cogley and the Ohio Estate Group (OEG) alleging
violations of, among other things, the anti-fraud provisions of
the federal securities laws (Complaint). The Complaint alleged
that from at least August 1997 until the Commission filed its
complaint, Cogley and OEG engaged in a scheme to defraud
investors by misrepresenting facts relating to the use of
invested funds, the safety of those funds, and the return on the
investments. Cogley and OEG received approximately $2,400,000
from at least forty-four primarily elderly and retired investors.
The Complaint also alleged that less than 10% of the funds
received were actually invested, while the majority of the funds
were actually used to pay Cogley’s personal expenses, OEG’s
business expenses and principal and interest payments to earlier
investors. On August 18, 1998, the district court entered the
Preliminary Injunction against Cogley and OEG.
On February 24, 1999, the Commission filed an Emergency
Motion for an Order to Show Cause why Cogley should not be held
in civil contempt for violating a provision of the Preliminary
Injunction specifically prohibiting Cogley from receiving,
directly or indirectly, any funds from individuals or entities
for the purpose of investment. The court ordered a civil
contempt hearing for March 5, 1999.
During the civil contempt hearing, evidence was put on that
Cogley received approximately $60,000 from two elderly investors
for investment in a company known as Shannon Road Development,
Ltd., an entity that is owned, in part, by Cogley’s wife. The
court found, by clear and convincing evidence, that, among other
things, Cogley gave investment advice and received funds from
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. JAMES MICHAEL COGLEY, et al., S.D. OH;
MICHAEL COGLEY IN CIVIL CONTEMPT FOR VIOLATING PRELIMINARY
The Commission announced that on March 5, 1999, the United States District Court for the
On August 11, 1998, the Commission first filed its complaint against Cogley and the Ohio
The Complaint alleged that from at least August 1997 until the Commission filed its
The Complaint also alleged that less than 10% of the funds received were actually invested,
On February 24, 1999, the Commission filed an Emergency Motion for an Order to Show Cause why
The court ordered a civil contempt hearing for March 5,
During the civil contempt hearing, evidence was put on that Cogley received approximately
The court found, by clear and convincing evidence, that, among other things, Cogley gave
the court ordered a Criminal Contempt Hearing that is currently scheduled for April
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