UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17366 / February 20, 2002
Accounting and Auditing Enforcement Release No. 1508 / February 20,
2002
Securities And Exchange Commission v. J. Donald Nichols, Jeb L.
Hughes, and C. Sheldon Whittelsey, IV, United States District Court
for the Northern District of Georgia, Civil Action No. 1 02-CV-478
The Securities and Exchange Commission announced that it filed a
settled civil injunctive action on February 20, 2002, in United States
District Court for the Northern District of Georgia, against J. Donald
Nichols of Atlanta, GA, Jeb L. Hughes of Atlanta, GA, and C. Sheldon
Whittelsey, IV of Marietta, GA.
The Commission's complaint alleges 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.
Nichols, without admitting or denying the allegations in the
Complaint, consented to the entry of a final judgment permanently
enjoining him from future violations of Section 17(a) of the
Securities Act; Sections 10(b), 13(a), 13(b)(2)(A), 13(b)(2)(B), and
14(a) of the Exchange Act; and Rules 10b-5, 12b-20, 13a-1, 13a-13,
13b2-1, 13b2-2, and 14a-9 thereunder. Nichols also agreed to pay a
civil penalty of $110,000. Hughes and Whittelsey, without admitting or
denying the allegations in the Complaint, consented to the entry of
final judgments permanently enjoining them from future violations of
Section 17(a) of the Securities Act; Sections 10(b), 13(a),
13(b)(2)(A), 13(b)(5), and 14(a) of the Exchange Act; and Rules 10b-5,
12b-20, 13a-1, 13a-13, 13b2-1, and 14a-9 thereunder. Hughes and
Whittelsey also agreed to pay civil penalties of $60,000 each and to
be prohibited for a period of five (5) years from acting as an officer
or director of any publicly traded company.
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Modified 02/20/2002
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Securities And Exchange Commission v. J. Donald Nichols, Jeb L. Hughes, and C. Sheldon
The Securities and Exchange Commission announced that it filed a settled civil injunctive
The Commission's complaint alleges that the three defendants, all former officers of JDN
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
Nichols, without admitting or denying the allegations in the Complaint, consented to the
Nichols also agreed to pay a civil penalty of $110,000.
Hughes and Whittelsey also agreed to pay civil penalties of $60,000 each and to be prohibited
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