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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
FLAHERTY SECURITIES EXCHANGE COMMISSION JUDGEMENT COMPLAINT LITIGATION ROBERT DISTRICT INVESTORS PERMANENT INJUNCTION DISGORGEMENT ACT STOCK ACCOUNTING ENTRY ADMITTING DENYING ALLEGATIONS FUTURE VIOLATIONS THEREUNDER PAY DISGORGEMENT PREJUDGMENT THEREON REPRESENTATIONS SUBSEQUENTLY SPENT SUM PURCHASING OPERATING PHOENIX METALS REFINERY |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 15793 / June 29, 1998
SECURITIES AND EXCHANGE COMMISSION v. PHOENIX METALS U.S.A. II, INC.
and
ROBERT F. FLAHERTY, Civil Action No. CV-97-7153-SVW(AJWx) (C.D. Cal.)
The Securities and Exchange Commission ("Commission") announced
that
the Honorable Stephen V. Wilson, United States District Court Judge for
the
Central District of California, entered a final judgment on May 28,
1998,
in the above-referenced action ( Final Judgment ) which completed the
litigation of this action. The Commission s Complaint alleged that
Phoenix
Metals U.S.A. II, Inc. ( Phoenix Metal ) and Robert F. Flaherty
( Flaherty ) made material misrepresentations to investors in
connection
with the offer and sale of cinder ore investment contracts and the
stock of
Phoenix Metals. In the Complaint, the Commission sought a permanent
injunction, disgorgement and an accounting against Phoenix Metals and
Flaherty. Phoenix Metals and Flaherty previously consented to the
entry of
a judgment of permanent injunction, without admitting or denying the
allegations in the Complaint, which enjoined them from future
violations of
Section 17(a) of the Securities Act of 1933 [15 U.S.C. 77q(a)],
Section
10(b) of the Securities Exchange Act of 1934 [15 U.S.C. 78j(b)] and
Rule
10b-5 thereunder [17 C.F.R. 240.10b-5].
The Final Judgment did not require Phoenix Metals and Flaherty to
pay
disgorgement or prejudgment interest thereon based upon Phoenix Metals
and
Flaherty s representations that they subsequently spent that sum in
purchasing and operating the Phoenix Metals refinery.
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