UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17387 / February 28, 2002
(U.S.D.C., Eastern District of Texas, Sherman Division, Civil Action
No. CA 4 01CV117)
CONVICTED SECURITIES FRAUDSTER SETTLES CASE WITH THE COMMISSION
On February 13, 2002, the Honorable Paul N. Brown, U.S. District
Judge, Eastern District of Texas, entered a Final Judgment as to Frank
L. Harris III, a former registered representative of Josephthal & Co.,
Inc.'s Addison, Texas branch office, permanently enjoining him from
committing future violations of Section 17(a) of the Securities Act of
1933, and Section 10(b) of the Securities and Exchange Act of 1934 and
Rule 10b-5 thereunder. Previously, on June 29, 2001, Harris pleaded
guilty to one count of federal securities fraud resulting from a
criminal information brought by the United States Attorney's Office in
which he admitted to stealing funds from 19 his brokerage customers.
Because of the related criminal proceedings, in which Harris was
imprisoned for a term of 46 months and ordered to pay restitution in
the amount of $1,619,847, the Commission accepted Harris' consent to
the order of permanent injunction and dismissed claims for
disgorgement, prejudgment interest and penalties. In addition, the
Commission announced the institution and simultaneous settlement of
public administrative proceedings against Harris in which he agreed to
the entry of an Order barring him from association with any broker or
dealer for his willful violations of the antifraud provisions of the
federal securities laws and the entry of the injunction against him.
The Commission's Complaint charged that from January 2000 until March
2001, Harris diverted money from his customers using three schemes 1)
falsely representing that customer funds would be used to purchase a
particular security; 2) borrowing against securities in the customer
margin accounts without customer authorization; and 3) liquidating
customer securities without their authorization. Harris' schemes were
uncovered when he failed to report to work and fled to Cancun, Mexico.
Harris later returned to the United States, was apprehended and faced
criminal charges.
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Modified 03/01/2002
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
CONVICTED SECURITIES FRAUDSTER SETTLES CASE WITH THE COMMISSION
On February 13, 2002, the Honorable Paul N. Brown, U.S. District Judge, Eastern District of
Previously, on June 29, 2001, Harris pleaded guilty to one count of federal securities fraud
Because of the related criminal proceedings, in which Harris was imprisoned for a term of 46
the Commission announced the institution and simultaneous settlement of public administrative
The Commission's Complaint charged that from January 2000 until March 2001, Harris diverted
Harris' schemes were uncovered when he failed to report to work and fled to Cancun, Mexico.
Harris later returned to the United States, was apprehended and faced criminal charges.
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