U.S. SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17113 /SEPTEMBER 4, 2001
Securities and Exchange Commission v. Samuel M. Fodale, MBD No.
01-MC-10280-WGY (D. Mass. August 27, 2001)
U.S. DISTRICT COURT ISSUES ORDER REQUIRING COMPLIANCE IN SEC SUBPOENA
ENFORCEMENT ACTION AGAINST SAMUEL M. FODALE
The Securities and Exchange Commission ("Commission") announced that
on August 27, 2001, the United States District Court for the District
of Massachusetts granted its application for enforcement of an
investigative subpoena against Samuel M. Fodale. The court ordered
Fodale to comply with the subpoena by producing documents on or before
August 31, 2001. Fodale, a resident of Detroit, Michigan, is a
director and significant shareholder of Competitive Technologies, Inc.
("Competitive Technologies"), located in Fairfield, Connecticut.
According to the Commission's court filings, documents were sought
from Fodale in connection with an investigation to determine whether a
former registered representative in the Hyannis MA office of a
brokerage firm and/or others may have violated anti-fraud provisions
of the securities laws by effecting manipulative transactions in the
securities of Competitive Technologies that affected its price and
market.
According to Court filings, Commission staff in May, 2001 issued an
investigative subpoena to Fodale for the production of certain
documents relating to, among other things, the purchase and sale of
Competitive Technologies stock, agreements between Fodale and others
related to the sale of the stock, and brokerage and bank account
records. Fodale, however, failed to produce requested documents by the
return date of the subpoena and extended deadlines set by the
Commission staff. The Commission filed its application for enforcement
of its subpoena on August 2, 2001. Fodale opposed the enforcement
application claiming, among other things, 1) that he should be allowed
to provide brokerage account numbers and bank account numbers rather
than producing the actual records for such accounts, 2) that the
specified time period in the subpoena was overly broad because it
called for the production of documents predating the time period
specified in the Commission's Formal Order of investigation,
notwithstanding the fact that the Formal Order referenced that
information had been reported to the Commission tending to show
potential violations of the law "from at least October 1, 1999 to at
least October 31, 2000," and 3) any production by him beyond the time
period specified in the Formal Order should be conditioned upon the
Commission's payment of his production costs.
SNIPPETS:
Securities and Exchange Commission v. Samuel M. Fodale,
U.S. DISTRICT COURT ISSUES ORDER REQUIRING COMPLIANCE IN SEC SUBPOENA ENFORCEMENT ACTION
The Securities and Exchange Commission announced that on August 27, 2001, the United States
Fodale, a resident of Detroit, Michigan, is a director and significant shareholder of
According to the Commission's court filings, documents were sought from Fodale in connection
According to Court filings, Commission staff in May, 2001 issued an investigative subpoena to
Fodale, however, failed to produce requested documents by the return date of the subpoena and
Fodale opposed the enforcement application claiming, among other things, 1) that he should be
formation had been reported to the Commission tending to show potential violations of the law "from
Specifically, with respect to the arguments raised by Fodale in opposing the enforcement
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