SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 17214 / October 31, 2001
UNITED STATES V. FRANK L. HARRIS, III, 4 01CR, USDC, EDTX (Sherman
Division)
SECURITIES AND EXCHANGE COMMISSION v. FRANK L. HARRIS, III, (U.S.D.C.,
Eastern District of Texas, Sherman Division, Civil Action No. CA 4
01CV117)
DALLAS STOCKBROKER SENTENCED FOR DEFRAUDING CUSTOMERS
On October 26, 2001, Judge Paul Brown, United States District Court
for the Eastern District of Texas, Sherman Division, sentenced Frank
L. Harris, III ("Harris"), a former registered representative of
Josephthal & Co., Inc.'s Addison, Texas branch, to serve 46 months in
federal prison and to three years of supervised release. Additionally,
Judge Brown ordered him to pay restitution of $1,619,847.70. Judge
Brown ordered Harris taken into custody immediately.
On June 29, 2001, Harris pleaded to one count of federal securities
fraud resulting from a criminal information brought by the U.S.
Attorney's Office in which he admitted to stealing funds from 19
customers. From January 2000 until March 2001, Harris diverted money
from his customers using three schemes 1) by falsely representing that
their funds would be used to purchase a particular security; 2) by
borrowing against securities in the customers' margin accounts without
their authorization; and 3) by liquidating their securities without
their authorization. Harris' schemes were uncovered when he failed to
report to work and fled to Cancun, Mexico.
Harris' plea was based upon the same conduct alleged in the
Commission's complaint filed on April 6, 2001 that charged him with
violating the antifraud provisions found in Section 17(a) of the
Securities Act of 1933, Section 10(b) of the Securities and Exchange
Act of 1934 and Rule 10b-5 thereunder. The complaint sought
preliminary and permanent injunctions, disgorgement with prejudgment
interest and a civil money penalty against Harris, as well orders for
an asset freeze, an accounting, the prohibition of the movement,
alteration and destruction of books and records and expedited
discovery. In the Commission's action, Judge Brown issued Orders
against Harris Freezing Assets, Directing the Repatriation of Funds
and Surrender of Passport, Requiring an Accounting, Requiring
Preservation of Documents and Authorizing Expedited Discovery. The
Commission's action is still pending.
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SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
UNITED STATES V. FRANK L. HARRIS, III, 4 01CR, USDC, EDTX (Sherman Division)
SECURITIES AND EXCHANGE COMMISSION v. FRANK L. HARRIS, III, (U.S.D.C., Eastern District of
On October 26, 2001, Judge Paul Brown, United States District Court for the Eastern District
Additionally, Judge Brown ordered him to pay restitution of $1,619,847.70.
On June 29, 2001, Harris pleaded to one count of federal securities fraud resulting from a
From January 2000 until March 2001, Harris diverted money from his customers using three
Harris' plea was based upon the same conduct alleged in the Commission's complaint filed on
The complaint sought preliminary and permanent injunctions, disgorgement with prejudgment
In the Commission's action, Judge Brown issued Orders against Harris Freezing Assets,
The Commission's action is still pending.
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