United States Securities and Exchange Commission
Litigation Release No. 17164 / September 28, 2001
Securities and Exchange Commission v. Gilbert Merrell Wynne, et al., Civil
Action No. 01-4936 (E. D. Pa.)
The Securities and Exchange Commission ("Commission") announced today
that, on September 28, 2001, it filed a complaint in federal district
court in Philadelphia, Pennsylvania, charging that Gilbert Merrell
Wynne and Richard V. Dear engaged in a fraudulent scheme to defraud
public investors through the offer and sale of securities issued by
three entities controlled by Wynne, namely Kingdom Growth Fund, Ltd.,
Kingdom Financial Services and Orthodox Church of Jesus Christ, Inc.
The Commission's complaint charges that from at least November 1998
through November 1999, Wynne and Dear, directly and through their
salespersons, fraudulently induced investors to purchase the
securities by making numerous material misrepresentations and
omissions including, among other things, guaranteeing investors
returns ranging from 15-20 percent per month. They claimed that the
investments were risk free and that the guaranteed returns would be
generated through investing in so-called "prime bank" instruments. In
actuality the instruments touted by the defendants did not exist and
there was no reasonable basis for guaranteeing the exorbitant returns.
Ultimately, the defendants raised at least $2.2 million from more than
200 investors located in Pennsylvania and other states. According to
the complaint, none of the investor funds was invested as promised.
Instead, Wynne used those funds for personal and business expenses, to
pay existing investors, and to pay commissions to Dear and other
salespeople.
In its complaint, the Commission also charges Stephen W. Beik, an
attorney practicing in Maitland, Florida, with aiding and abetting the
fraudulent scheme. Beik did so by drafting certain offering documents
used in the scheme, acting as escrow agent for funds raised in the
scheme, attempting to generate fees by identifying prime bank
investments ostensibly suitable for investor funds and by transferring
investor funds to offshore accounts after he was aware that the
Commission was investigating the matter.
Based on the conduct described above, the complaint alleges that
Wynne, Dear, Kingdom Growth Fund, Ltd., Kingdom Financial Services and
Orthodox Church of Jesus Christ, Inc. violated 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 thereunder. The
complaint also alleges that Beik aided and abetted the violations of
Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. In
addition, the complaint alleges that Wynne and Dear each violated
SNIPPETS:
Securities and Exchange Commission v. Gilbert Merrell Wynne, et al., Civil Action No. 01-4936
Dear engaged in a fraudulent scheme to defraud public investors through the offer and sale of
The Commission's complaint charges that from at least November 1998 through November 1999,
They claimed that the investments were risk free and that the guaranteed returns would be
In actuality the instruments touted by the defendants did not exist and there was no
the defendants raised at least $2.2 million from more than 200 investors located in
Instead, Wynne used those funds for personal and business expenses, to pay existing
Beik did so by drafting certain offering documents used in the scheme, acting as escrow agent
The complaint also alleges that Beik aided and abetted the violations of Section 10of the
the complaint alleges that Wynne and Dear each violated Section 15of the Exchange Act by
Based on those violations, the complaint seeks permanent injunctions, disgorgement,
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