SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17241 / November 19, 2001
SECURITIES AND EXCHANGE COMMISSION V. JAMES A. NIES, JEFFREY DENE
LEADER AND HAROLD DALTON DAVLIN, Civil Action No. 3 00-CV-465-MU
(W.D.N.C.)
SEC OBTAINS PERMANENT INJUNCTIONS AGAINST THREE DEFENDANTS
The Securities and Exchange Commission ("Commission") announced today
that on November 1, 2001, the Honorable Graham C. Mullins of the
United States District Court for the Western District of North
Carolina entered individual orders of permanent injunction and other
relief against defendants James A. Nies ("Nies") of San Francisco,
California, Jeffrey Dene Leader ("Leader") of Mt. Kisco, New York and
Harold Dalton Davlin ("Davlin") of Ellicott City, Maryland for
engaging in violations of the antifraud provisions of the securities
laws in a mutual banks conversion scheme. Judge Mullins's orders
permanently enjoined Nies, Leader and Davlin from further violations
of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
thereunder. Nies was ordered to pay disgorgement in the amount of
$300,000 with prejudgment interest thereon, but payment was waived for
the amount exceeding $40,000 based upon his demonstrated inability to
pay. Leader was ordered to pay disgorgement in the amount of $193,000
with prejudgment interest thereon, but payment was waived for the
amount exceeding $125,000 based upon his demonstrated inability to
pay. Davlin was ordered to pay disgorgement in the amount of $17,072
along with prejudgment interest, but payment was waived for
prejudgment interest based upon Davlin's inability to pay beyond the
amount of disgorgement. Civil penalties were not imposed against the
defendants based upon each defendant's inability to pay. Each
defendant consented to the entry of his respective order, without
admitting or denying the allegations of the Commission's complaint.
The Commission previously sued the defendants alleging that from early
1995 through early 1997, Nies and Leader, aided and abetted by Davlin,
all registered representatives of broker-dealers registered with the
Commission, orchestrated the fraudulent exercise of stock subscription
rights in connection with at least seventeen mutual thrift conversions
in eleven states. Under applicable federal and state banking
regulations, when a savings and loan association, savings bank, or
thrift converts to a publicly traded company, account holders are
given the first opportunity to purchase stock, but are prohibited from
transferring their stock purchase rights or entering into pre-issuance
arrangements to sell the stock. The complaint alleged that Nies,
Leader and Davlin developed an elaborate scheme to purchase shares in
converting mutual thrifts for themselves or certain of their customers
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION V. JAMES A. NIES,
SEC OBTAINS PERMANENT INJUNCTIONS AGAINST THREE DEFENDANTS
The Securities and Exchange Commission announced today that on November 1, 2001, the
Carolina entered individual orders of permanent injunction and other relief against
Kisco, New York and Harold Dalton Davlin of Ellicott City, Maryland for engaging in
Nies was ordered to pay disgorgement in the amount of $300,000 with prejudgment interest
Civil penalties were not imposed against the defendants based upon each defendant's inability
1995 through early 1997, Nies and Leader, aided and abetted by Davlin, all registered
Under applicable federal and state banking regulations, when a savings and loan association,
The complaint alleged that Nies, Leader and Davlin developed an elaborate scheme to purchase
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