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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
SECURITIES CLIENTS ACT INVESTMENT ADVISERS EXCHANGE COMMISSION ADVISORY VIOLATING COMPLAINT COURT REGISTERED BROKER-DEALER PROVISIONS ALLEGES FAILING UNITED STATES ROBERT DISTRICT MISAPPROPRIATING CONTRACTS FUNDS THEREUNDER CRIMINAL HISTORY ACCORDING ENGAGING FOREGOING SECURITIES INDUSTRY NATIONAL ASSOCIATION SECURITIES DEALERS PRIOR ACTS |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 15782 / June 15, 1998
SECURITIES AND EXCHANGE COMMISSION v. ROBERT L. GRAY, 97 Civ. 5732
(LAK)
(S.D.N.Y.)
The Commission announced that on June 8, 1998, the United States
District Court for the Southern District of New York entered a default
judgment against Robert L. Gray ( Gray ), an unregistered investment
adviser and a convicted felon whom the Commission charged with
defrauding
his advisory clients and a registered broker-dealer. The court
permanently
enjoined Gray from violating the antifraud provisions of the
Securities
Exchange Act of 1934 and various registration, books and records, and
other
provisions of the Investment Advisers Act of 1940. The court also
ordered
Gray to disgorge $121,654, representing his ill-gotten gains, plus
$48,071
in prejudgment interest.
The Complaint, filed on August 1, 1997, alleges that, from
January
1993 through June 1996, Gray misappropriated a total of $121,654 from
advisory clients who had given Gray money to purchase securities on
their
behalf. The Complaint also alleges that Gray engaged in free-riding
at
the expense of a registered broker-dealer, Robb, Peck, McCooey
Clearing
Corporation, by failing to pay for over $1 million in securities that
Gray
bought through that brokerage firm ostensibly for his clients. The
Complaint further alleges that Gray violated provisions of the
Investment
Advisers Act of 1940 by (a) failing to maintain required investment
advisory records; (b) failing to furnish clients with required written
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