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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
SECURITIES YOSHIZUMI JUDGEMENT INVESTMENT EXCHANGE COMMISSION PAPPAS DISGORGE BANK DEBENTURE PROGRAM FUNDS CONCORD CAPITAL ENTERPRISE DEFENDANTS MERCEDES BENZ AUTOMOBILES LITIGATION SCOTT DIONISIA PAPPAS CIVIL PERMANENTLY ENJOINING VIOLATING ANTIFRAUD PROVISIONS FEDERAL SECURITIES LAWS COURT FULLERTON HOME PURCHASE COMPLAINT ALLEGES FRAUDULENT SCHEME ACCOUNT BUSINESS EXPENSES |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17222 / November 5, 2001
SECURITIES AND EXCHANGE COMMISSION V. CONCORD CAPITAL ENTERPRISE, DBA
CONCORD CAPITAL INC. AND CONCORD CAPITAL ENTERPRISES INC., SCOTT
YOSHIZUMI, ANN TA, AND DIONISIA PAPPAS Civil Action No. SA CV 00-1131
AHS (EEX) (C.D. Cal.)
The Securities and Exchange Commission ("Commission") today announced
that on October 29, 2001, a Final Judgment was entered against
defendant Scott Yoshizumi ("Yoshizumi") by default. Yoshizumi was
permanently enjoined from violating Section 17(a) of the Securities
Act of 1933 and Section 10(b) of the Exchange Act of 1934 and Rule
10b-5 thereunder, the antifraud provisions of the federal securities
laws. Yoshizumi was also ordered to disgorge $15,068,300 in ill-gotten
gains, to pay prejudgment interest thereon in the amount of
$834,457.68, and to pay a civil penalty of $110,000.
The judgment obtained against Yoshizumi concludes the Commission's
litigation in this matter. The Court previously allowed
Court-appointed Receiver James Donell to consent to judgment on behalf
of Concord Capital Enterprise ("Concord"). On May 22, 2001, a final
judgment was entered against Concord permanently enjoining it from
violating the antifraud provisions of the federal securities laws. On
May 22, 2001, the Court also ordered Judgments of Disgorgement of
Certain Assets against relief defendants Ann Ta ("Ta") and Dionisia
Pappas ("Pappas"). Ta was ordered to disgorge a BMW automobile and a
Fullerton home purchased for $1.3 million and Pappas was ordered to
disgorge two Mercedes Benz automobiles.
The Commission's Complaint alleges that from November 1999 to November
2000, Concord and Yoshizumi engaged in a fraudulent scheme involving
an investment in a Bank Debenture Program. The Complaint further
alleges that the offering documents distributed by the defendants and
their agents represented that client funds would be used solely for
participating in the Bank Debenture Program with the "top 200 world
banks" and that investors will receive two or four percent profit per
month. Investors were further told that their funds would be placed in
a "special account" until sufficient funds were accumulated to enter
into the program. In fact, the Bank Debenture Program was a fraudulent
investment scheme and investor funds were commingled into several
Concord accounts and immediately withdrawn for various business
expenses and personal uses including the purchase of a $1.3 million
Fullerton home for Ta and the Mercedes Benz automobiles for Pappas.
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Modified 11/06/2001
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