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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
TFC INVESTORS SECURITIES JUDGEMENT COMPLAINT FLORIDA EXCHANGE COMMISSION DISGORGEMENT CIVIL PENALTIES DISTRICT COURT JUDGMENT SETTING PREJUDGMENT GARRY TAMARACK FUNDING AMOUNT VEHICLE LOANS TEXAS FRAUDULENT SALE UNREGISTERED SECURITIES OFFERING PROMISSORY NOTES REPRESENTATIONS ACCORDING FUNDS PURCHASE CONTRACTS |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17471 / April 12, 2002.
FINAL JUDGMENT SETTING DISGORGEMENT, PREJUDGMENT INTEREST AND CIVIL
PENALTIES AGAINST GARRY P. ISAACS
Securities and Exchange Commission v. Tamarack Funding Corp. and Garry
P. Isaacs, Civil Action No. 00-6730 (S.D. Florida, filed May 31, 2000)
The Securities and Exchange Commission ("Commission") announced that
on October 23, 2001, the United States District Court for the Southern
District of Florida entered a Final Judgment Setting Amount of
Disgorgement, Prejudgment Interest, and Imposing Civil Penalties
("Final Judgment") against Garry P. Isaacs ("Isaacs"). The Final
Judgment was entered pursuant to a judgment of permanent injunction
previously entered by the Court, on September 20, 2000, by consent,
without admitting or denying the allegations of the Complaint, against
Isaacs and Tamarack Funding Corporation, a Texas corporation ("TFC of
Texas"), Tamarack Funding Corporation, a Florida corporation ("TFC of
Florida") (collectively, "TFC"), in connection with the fraudulent
sale of unregistered securities issued by TFC. In addition to
permanently enjoining Isaacs and TFC from violating 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
September 20, 2000 judgment provided for setting disgorgement and
civil penalties against TFC and Isaacs.
On May 31, 2000, the Commission filed a complaint ("Complaint") with
the United States District Court for the Southern District of Florida
alleging that Isaacs and TFC fraudulently raised approximately $4.7
million from at least 125 investors nationwide by offering and selling
unregistered securities in the form of interest-bearing "promissory
notes." Specifically, the complaint alleged that from July 1995 to
February 2000, TFC and Isaacs knowingly or recklessly made material
false and misleading representations in the offer and sale of
"promissory notes" to the investing public. According to the
complaint, investors in the offering were told that their funds would
be used to purchase retail automobile installment loan contracts
("vehicle loans") and that their investment would be 100%
collateralized.
Contrary to these representations, the complaint alleged that
investments were not fully collateralized, as only $1.4 million was
actually used by TFC to purchase vehicle loans. According to the SEC,
the remaining investor funds were used to pay TFC's operating costs
and unrelated expenses. The Complaint further alleged that TFC used
some of the monies received from new investors to repay interest to
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