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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
LITIGATION COMMISSION CONNOCHIE EXCHANGE RECEIVING KICKBACKS DISTRICT BROKER DAVID STOCKBROKERS COMPLAINT FLORIDA STOCK PROMOTERS CUSTOMERS ALLEGES CAPITAL CORPORATION PATRICK SCOTT BEATTY CHARGES DISTRICT COURT MIDDLE DISTRICT SCHEME ISSUANCE ACT INVESTMENT INVESTMENT ADVISER MUNICIPAL SECURITIES PENDING |
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 15727 / April 29, 1998
Securities and Exchange Commission v. Atlantic Capital Corporation,
Wall Street Marketing, Inc., Pullman Publications, Inc., Stephen
DeCesare, Mark Missler, Patrick Kephart, Howard Jenkins, Scott
Mijares, Robert Thomas Beatty, Vincent St. Clair Beatty, Michael
Cardascia, David Scott Rossman, Adrian Wilson, Timothy B. Daley, and
David M. Connochie (M.D. Fla.) No. 96-1043-CIV-ORL-19A
The Commission announced today that a stockbroker, previously charged
with receiving kickbacks in exchange for selling certain securities to
his clients, has settled the charges against him. On September 27,
1996, the Commission filed a Complaint in U.S. District Court for the
Middle District of Florida alleging that a group of stock promoters
engaged in an 18-month fraudulent scheme in which they paid $477,580
in kickbacks to seven stockbrokers to induce them to retail certain
securities to their customers. The Complaint further alleges that the
stockbrokers defrauded their customers by failing to disclose to the
customers that they were receiving these kickbacks.
The settling stock broker is David W. Connochie ("Connochie"), age 43,
of Tampa, Florida. During the period Connochie was alleged to have
received the illegal payments, he was employed by Schneider
Securities, Inc. (February through May 1992); Mayfair Securities
Limited (May through August 1992); and Paragon Capital Corporation
(August 1992 through January 1994), all broker-dealers registered with
the Commission.
Connochie consented, without admitting or denying the allegations in
the Complaint, to the issuance of a Final Judgment by Judge Patricia
C. Fawsett of the United States District Court for the Middle District
of Florida enjoining him from future violations of Section 17(a) of
the Securities Act of 1933 and Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 -- the "antifraud" provisions of
the federal securities laws. Connochie also consented to disgorge
$25,920 in illegal profits he received from the alleged kickback
scheme, plus $12,775.16 in prejudgment interest and to pay a penalty
of $25,920. In addition, Caonnochie consented to the issuance of an
Order by the Commission permanently barring him from association with
any broker-dealer, investment company, investment adviser or municipal
securities.
The Commission's litigation remains pending against two brokers and
one stock promoter.
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