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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
MORRIS GROCERY DIVERTING INVESTORS SECURITIES EXCHANGE COMMISSION UNITED STATES LITIGATION DANIEL RAE MORRIS DISTRICT COURT FLORIDA PERMANENT INJUNCTION ACT COMPLAINT FRAUDULENT SCHEME PRICES DIVERTING TRANSACTIONS LONE STAR OFFICER VERIFY FICTITIOUS GROCERY CHIEF FINANCIAL OFFICER PREPARED FRAUDULENT BOOKS SUPPORT RELATED DEVELOPMENT SERVING |
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 14826 / February 27, 1996
SEC V. DANIEL RAE MORRIS AND SCOTT FRAISER THENEN
Civil Action No. 95-2807-Civ-Moreno (S.D. Fla.)
The Securities and Exchange Commission ("SEC")
announced that on February 1, 1996 the United States District
Court for the Southern District of Florida issued a permanent
injunction against Daniel Rae Morris ("Morris") and Scott Fraiser
Thenen enjoining them from violations of Sections 5(a), 5(c) and
17(a) of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder. Morris and Scott Thenen consented to the entry of
the injunction. This action is related to an earlier lawsuit
filed by the SEC against Premium Sales Corporation ("Premium
Sales") and Kenneth Thenen, who is related to Scott Thenen (see
SEC Litigation release No. 13668 dated June 9, 1993). The SEC's
earlier complaint alleged that Premium Sales fraudulently raised
over $500,000,000 through a grocery diverting scheme and
defrauded investors with promises of up to 60% annualized returns
on their investments.
The SEC's complaint against Morris and Scott Thenen alleged
that they played a major role in the operation of Premium Sales,
a Ponzi scheme that operated from North Miami Beach, Florida.
Premium Sales, Morris and Scott Thenen told investors they were
in the business of grocery "diverting". Grocery diverters take
advantage of differences in prices for wholesale grocery products
among different regions of the country. In a form of arbitrage,
diverters purchase lower-priced groceries in one region and
resell them for a small profit in another region where prices are
higher. Unfortunately for investors of Premium Sales, most of
the diverting transactions made by Premium Sales were fictitious.
Morris and Scott Thenen are alleged to have made
misrepresentations to investors and misappropriate investors'
funds. Morris was a director and President of Lone Star Trading
Company ("Lone Star"), Premium Sales' parent company. Morris was
also a director, Secretary, and a fifty percent owner of Premium
Sales. Morris allegedly bribed persons to confirm and verify
fictitious grocery diverting transactions. Scott Thenen was a
Director and the Chief Financial Officer of Premium Sales. Scott
Thenen allegedly prepared fraudulent books and records to support
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