U.S. SECURIIES AND EXCHANGE COMMISSION
Litigation Release No. 17456 / April 3, 2002
Accounting And Auditing Enforcement Release No. 1541 / April 3, 2002
Securities and Exchange Commission v. J. Donald Nichols, Jeb L.
Hughes, and C. Sheldon Whittelsey, IV, Civil Action No. 1 02-CV-478
(NDGA March 19, 2002)
The Securities and Exchange Commission ("Commission") announced today
that the Honorable Jack T. Camp, United States District Judge for the
Northern District of Georgia, entered Final Judgments of Permanent
Injunction and Other Relief Against Defendants J. Donald Nichols
("Nichols"), Jeb L. Hughes ("Hughes") and C. Sheldon Whittelsey, IV
("Whittelsey"), restraining and enjoining them from further violations
of Section 17(a) of the Securities Act of 1933, Sections 10(b), 13(a),
13(b)(2)(A), 13(b)(2)(B), 13(b)(5) and 14(a) of the Securities
Exchange Act of 1934, and Rules 10b-5, 12b-20, 13a-1, 13a-13, 13b2-1,
13b2-2 and 14a-9 thereunder.
Nichols, Hughes, and Whittelsey consented to the entries of the
judgments without admitting or denying any of the allegations of the
Commission's complaint. Further, the Court ordered civil penalties
against Nichols, Hughes, and Whittelsey in the amounts of $110,000,
$60,000, and $60,000, respectively. The Court further ordered that
Hughes and Whittelsey be barred from acting as an officer or director
of any issuer having a class of securities registered with the
Commission.
On February 20, 2002, the Commission alleged in its complaint that the
three defendants, all former officers of JDN Realty Corporation, a
public company, arranged for cash and property to be transferred to
Hughes and Whittelsey from third parties who sold real estate to JDN
Realty. Nichols, Hughes, and Whittelsey failed to inform JDN Realty's
accounting department of this compensation arrangement, and they also
failed to disclose certain other related-party transactions. As a
result, JDN Realty's public filings failed to disclose the executive
officer compensation and related-party transactions, and by not
properly accounting for the compensation, JDN Realty materially
misstated its 1994 through 1997 annual financial statements and two
quarterly financial statements in 1998.
See also L. R. (February 20, 2002).
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Modified 04/08/2002
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U.S. SECURIIES AND EXCHANGE COMMISSION
Securities and Exchange Commission v. J. Donald Nichols, Jeb L. Hughes, and C. Sheldon
Nichols, Hughes, and Whittelsey consented to the entries of the judgments without admitting
Further, the Court ordered civil penalties against Nichols, Hughes, and Whittelsey in the
The Court further ordered that Hughes and Whittelsey be barred from acting as an officer or
On February 20, 2002, the Commission alleged in its complaint that the three defendants, all
Nichols, Hughes, and Whittelsey failed to inform JDN Realty's accounting department of this
As a result, JDN Realty's public filings failed to disclose the executive officer
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