SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 15459 / August 26, 1997
SEC v. Biltmore Securities, Inc., et al., No. 93-6837 (S.D. Fla.)
The Commission announced that on August 11, 1997, the Honorable
Jose
Gonzalez, United States District Judge for the Southern District of
Florida, entered a final judgment ("final judgment"), by consent,
against
registered representatives Robert Alan Denton ("Denton"), Jeffrey
Peter
Morrison ("Morrison"), Lee Michael Rough ("Rough"), Marc David Siden
("Siden") and Kenneth Thomas Tripoli ("Tripoli") (collectively
"Defendants"), all currently or formerly associated with registered
broker-
dealer Biltmore Securities, Inc. ("Biltmore").
The final judgment enjoins Tripoli from future violations of the
anti-
fraud provisions of the securities laws, and orders all five
Defendants
jointly and severally to disgorge approximately $572,000,
representing
commissions received in connection with Defendants' alleged violative
conduct, and to pay prejudgment interest thereon totalling
approximately
$85,000. The final judgment also orders the Defendants individually to
pay
civil money penalties as follows: (a) Tripoli to pay $100,000; (b)
Rough to
pay $75,000; (c) Denton to pay $75,000; (d) Morrison to pay $75,000;
(e)
Siden to pay $50,000.
The Commission's amended complaint, filed in October 1994,
alleged
violations of Section 17(a) of the Securities Act of 1933
("Securities
Act"), and Sections 10(b) and 15(c) of the Securities Exchange Act of
1934
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
The Commission announced that on August 11, 1997, the Honorable Jose
Gonzalez, United States District Judge for the Southern District of Florida, entered a final
Morrison, Lee Michael Rough, Marc David Siden and Kenneth Thomas Tripoli, all currently or
The final judgment enjoins Tripoli from future violations of the antifraud provisions of the
, and Rules 10b-5, 10b-6 and 15c1-2, thereunder.
Specifically, the Commission alleged that the Defendants were violating the anti-fraud
The amended complaint also alleged that Defendants attempted to induce and did induce other
the Commission announced that it had instituted and simultaneously settled public
Instituting Public Administrative and Cease-and-Desist Proceedings,
Findings and Imposing Remedial Sanctions and Cease-and-Desist Order found that all five
Pursuant to their Offers of Settlement, each representative agreed to be barred or
who is subject to the civil injunction described above) also consented to cease-and desist
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