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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
COMPLAINT PANNONE COMPLAINT ALLEGES SECURITIES COCHRAN BOND STRAUSS STIFEL EXCHANGE TRANSACTION AUTHORITY ENTRY PAYMENT OKLAHOMA TURNPIKE AUTHORITY ACT EXCHANGE COMMISSION VIOLATIONS PAY TURNPIKE AUTHORITY BROKERAGE FEE JEOPARDIZE FRAUD CONNECTION INJUNCTIONS PROHIBITING MONETARY PENALTIES BIDDING PROVIDER TAX-EXEMPT |
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 16063 / February 17, 1999
SECURITIES AND EXCHANGE COMMISSION v. ROBERT COCHRAN, ET
AL., United States District Court for the Western District
of Oklahoma, Case Number CIV-94-1477-A
COMMISSION SETTLES MUNICIPAL BOND FRAUD CASE WITH ROBERT
COCHRAN, JAMES PANNONE, SAKURA GLOBAL CAPITAL, INC. AND
STEVEN STRAUSS
The Securities and Exchange Commission announced
settlements with Robert Cochran, James Pannone, Sakura
Global Capital, Inc. and Steven Strauss with respect to
alleged fraud in connection with the sale of municipal
securities underwritten by Stifel, Nicolaus & Company, Inc.
Cochran was a former executive vice president of Stifel, in
charge of its Oklahoma public finance office. Pannone was a
former vice president of Stifel. Sakura, a subsidiary of
Sakura Bank, was engaged in the business of selling
derivatives, including forward purchase agreements
("forwards"). Strauss was a managing director of Sakura.
All of the defendants consented to the entry of injunctions
prohibiting them from violating the antifraud provisions of
the federal securities laws, and collectively they agreed to
pay $430,000 in monetary penalties.
The Complaint alleges that in a 1992 transaction for
the Oklahoma Turnpike Authority, despite bond counsel's
requirement that three competitive bids be obtained for the
forward, Cochran and Pannone rigged the bidding to ensure
Sakura's selection as the forward provider. The Complaint
also alleges that Cochran and Pannone subsequently
negotiated with Strauss a $6.593 million undisclosed
brokerage fee to be paid by Sakura to Stifel, and that
Pannone falsely described to the Turnpike Authority the
bidding and negotiation process of the forward. The
Complaint further alleges that the forward purchase
agreement stated that Sakura did not intend to take any
actions which would jeopardize the tax-exempt status of the
bonds. The Complaint alleges that at the time Strauss
executed the forward on behalf of Sakura, Sakura was
planning to pay a $6.593 million brokerage fee to Stifel.
The Complaint alleges that Sakura and Strauss knew or were
reckless in not knowing that such a brokerage fee would
jeopardize the tax-exempt status of the bonds.
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