UNITED STATES SECURITIES AND EXCHANGE COMMISSION
BOSTON, MASSACHUSETTS
Litigation Rel. No. 17461 / April 5, 2002
Commission Obtains Temporary Restraining Order and Asset Freeze
Against New York Businessman Martin Fife, Former Broker Dennis Herula,
Rhode Island Attorney Mary Lee Capalbo and Others in Connection with
Fraudulent Offering Scheme
The Commission announced today the filing of an emergency action
against Martin D. Fife, a Dreyfus fund director, Dennis Herula, a
former Raymond James broker, Mary Lee Capalbo, a Rhode Island
attorney, Charles Sullivan, a former New England Patriots official,
and others in connection with a fraudulent scheme that raised at least
$52 million from investors between 1999 and 2001. the federal district
court in Rhode Island on April 3 entered temporary restraining orders
and asset freezes against Fife and others in connection with this
conduct. The Commission alleged in its complaint, filed on April 1,
that British citizen Michael Clarke and others promised investors
exorbitant returns (such as a nearly 300% return in twelve banking
days) through a high yield trading program purportedly operated by
Fife under various names, including Brite Business and Seaview
Development and Holdings, Ltd. According to the Commission's
complaint, these representations were false because such high yield
trading programs do not exist, and several of the defendants have
misappropriated or otherwise failed to return over $20 million to
investors. The complaint alleges that, within the past few months,
certain of the defendants have either continued to attempt to solicit
investors or have made misrepresentations to investors regarding their
investments.
According to the Commission's complaint, Clarke began soliciting
investors through Brite Business in 1999. Fife, who currently serves
as a director of several Dreyfus mutual funds, purportedly ran the
Brite Business trading program, which he described as a "credit
enhancement" or "balance sheet enhancement" program involving, among
other things, the purchase of T-bills on margin. The complaint alleges
that Fife told one investor that his funds were absolutely safe and
that his trading program had been successful when, in fact, Fife had
already lost a significant amount of investor funds in his trading
program. The complaint alleges that, between 1999 and 2001, Clarke and
Fife misappropriated, transferred or lost approximately $13 million in
investor funds. During this period, most of the Brite Business
investor funds were maintained in a brokerage account in Rhode Island
at Raymond James Financial Services, Inc. The complaint alleges that
Dennis Herula, the registered representative for the Brite Business
account, and his wife, Rhode Island attorney Mary Lee Capalbo, played
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION BOSTON,
Commission Obtains Temporary Restraining Order and Asset Freeze
The Commission announced today the filing of an emergency action against Martin D. Fife, a
The Commission alleged in its complaint, filed on April 1, that British citizen Michael
ailed to return over $20 million to investors.
The complaint alleges that, within the past few months, certain of the defendants have either
According to the Commission's complaint, Clarke began soliciting investors through Brite
Fife, who currently serves as a director of several Dreyfus mutual funds, purportedly ran the
that his trading program had been successful when, in fact, Fife had already lost a
The complaint alleges that, between 1999 and 2001, Clarke and Fife misappropriated,
During this period, most of the Brite Business investor funds were maintained in a brokerage
The complaint alleges that Dennis Herula, the registered representative for the Brite
Sullivan, a non-practicing New York lawyer whose family formerly owned the New England
The Commission alleged in its complaint that defendants Herula, Capalbo, Fife, Khan, Seaview,
The Commission obtained entry of an order temporarily restraining Herula, Capalbo, Fife, Khan
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