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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
SECURITIES RODGERS MOYER CITY INVESTMENT EXCHANGE COMMISSION DEFENDANTS BANK FUNDS UNITED STATES AUSTRIA TRUST COMPANY RELIEF DEFENDANT COMPLAINT PURPORTS GLEN MOYER CIVIL DISTRICT TENNESSEE RECOVERY INSTRUMENTS VIOLATIONS ACT DISGORGEMENT IMPOSITION SCHEME ALLEGES INVESTMENT CONTRACTS DIVISIONARY CERTIFICATES EUROPEAN |
#Next Previous
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 15728 / May 1, 1998
SECURITIES AND EXCHANGE COMMISSION v. AUSTRIA TRUST COMPANY, LTD.,
BOBBY LEE RODGERS, and GLEN MOYER, and CITY (U.K.), LTD. (Relief
Defendant) Civil Action No. 98-2370-GV (W.D. Tenn.)
The Securities and Exchange Commission announced that a Complaint For
Injunctive And Other Relief was filed by the Commission on April 23,
1998, in the United States District Court for the Western District of
Tennessee against defendants Austria Trust Company, Ltd. ("Austria
Trust"), Bobby Lee Rodgers ("Rodgers"), and Glen Moyer ("Moyer"), and
City (U.K.), Ltd. ("City U.K."), as relief defendant. Austria Trust
was formed in Belize by Rodgers and Moyer, who jointly own and operate
the company from offices in Memphis, Tennessee. City U.K. is an entity
in the United Kingdom which purports to specialize in the recovery of
investments in "bank instruments" which fail to produce promised
returns to investors.
The complaint seeks to permanently enjoin Austria Trust, Rodgers and
Moyer from further violations of Sections 5(a), 5(c) and 17(a) of the
Securities Act of 1933, Section 10(b) of the Securities Exchange Act
of 1934 and Rule 10b-5 thereunder. The Commission also seeks 1)
disgorgement of all ill-gotten profits received by the defendants and
prejudgment interest thereon; 2) the imposition of civil penalties
against Austria Trust, Rodgers and Moyer; 3) an accounting of all
funds received from the scheme by Austria Trust, Rodgers, Moyer and
City U.K.; and 4) an order imposing a constructive trust over and
requiring the repatriation and disgorgement of funds held by City
U.K..
The Commission's complaint alleges that, between 1994 and the present
time, Austria Trust, Rodgers and Moyer violated the antifraud
provisions of the securities laws by offering and selling securities
in the form of investment contracts in connection with a prime bank
scheme. The investment contracts are purported to be secured by
instruments denoted as "Divisionary Certificates of Bank Guarantee,"
alleged to be issued by one of the top 25 European banks. In fact,
neither the trading programs nor the divisionary certificates exist.
In one program sold by the defendants in the fall of 1996, at least 19
individuals invested a total of $2,700,000 with Austria Trust. The
funds were sent to Europe but they have not been invested as
represented by Austria Trust. Instead, $2,500,000 of the funds have
purportedly been recovered or are being held by City U.K..
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