U.S. SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. LR 17380 / February 25, 2002
FINAL JUDGMENT ENTERED AGAINST FORMER MANAGING DIRECTOR OF INVESTMENT
ADVISER
SECURITIES AND EXCHANGE COMMISSION V. TANDEM MANAGEMENT INC., WILLIAM
F. BRANSTON, EUGENE B. DEVENEY, AND PETER S. ALSOP, 95-CIV-8411
(S.D.N.Y.)
The Securities and Exchange Commission announced that on February 8,
2002, the Honorable Judge John G. Koeltl, United States District Judge
for the Southern District of New York, entered a Final Judgment on
consent against Eugene B. Deveney ("Deveney") in connection with a
civil injunctive action filed by the Commission on October 2, 1995
against Tandem Management Inc. ("Tandem") and its principals Deveney,
William F. Branston ("Branston"), and Peter S. Alsop ("Alsop"). At the
time the Complaint was filed, Tandem was a registered investment
adviser. The Commission alleged that Tandem, Deveney, Branston and
Alsop misappropriated over $1 million in Tandem's client assets,
principally in the form of "soft dollar" credits and commission
rebates; distributed false information concerning Tandem's performance
returns and assets under management to clients, investors in a limited
partnership fund advised by Tandem, and a national money management
ranking publication; filed false Forms ADV; failed to make required
disclosures concerning Tandem's financial condition; and failed to
keep required books and records. The Judgment, to which Deveney
consented on a neither admit nor deny basis, permanently enjoined
Deveney from violating Section 17(a) of the Securities Act of 1933,
Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
thereunder, Sections 204, 206(1), 206(2), 206(4) of the Investment
Advisers Act of 1940, and Rules 204-2, 206(4)-1, and 206(4)-4
thereunder. The Final Judgment also orders payment of $139,048.54 in
disgorgement plus prejudgment interest but waives payment based upon
Deveney's financial statement. The Court previously entered a Final
Judgment on consent against defendant Alsop on August 18, 1997. This
case, which had been suspended without prejudice due to related
criminal proceedings, was restored to the active docket in January
2001 and thereafter the Court entered a default judgment against
defendant Tandem on May 16, 2001 and summary judgment against
defendant Branston on November 13, 2001.
See Lit. Rel. Nos. , , and .
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Modified 02/25/2002
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
FINAL JUDGMENT ENTERED AGAINST FORMER MANAGING DIRECTOR OF INVESTMENT ADVISER
At the time the Complaint was filed, Tandem was a registered investment adviser.
The Commission alleged that Tandem, Deveney, Branston and Alsop misappropriated over $1
m's financial condition; and failed to keep required books and records.
The Judgment, to which Deveney consented on a neither admit nor deny basis, permanently
The Final Judgment also orders payment of $139,048.54 in disgorgement plus prejudgment
The Court previously entered a Final Judgment on consent against defendant Alsop on August 18,
This case, which had been suspended without prejudice due to related criminal proceedings,
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