SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17365 / February 19, 2002
Securities and Exchange Commission v. Don Haywood Pace (Civ. No.
96-2416) (USDC/DC)
On January 28, 2002, the United States District Court for the District
of Columbia entered a Final Judgment of Permanent Injunction against
Don Haywood Pace. Don Pace was the chief executive officer and a
director of Pace American Group, Inc., a holding company that wrote
surety bonds and insurance products through wholly-owned subsidiaries.
Pace American and its chief financial officer had previously been
sanctioned in settled actions.
The Commission filed this civil lawsuit against Pace in October 1996.
The complaint alleged violations of the antifraud, proxy, books and
records and other provisions of the federal securities laws. The
Commission's lawsuit was stayed for several years pending the outcome
of Pace's criminal trial in U.S. District Court in Tucson, Arizona on
related criminal charges. After a jury trial in the criminal case in
late 2000, Pace was convicted on some wire fraud and tax fraud
charges, and acquitted on others. He was found to have diverted for
his own use more than $36,000 in bond premiums that a Mexican surety
insurance company had deposited into two of the company's corporate
financial accounts in Mexico. On July 23, 2001, the criminal court
sentenced Pace to serve four months in prison and four months house
arrest, and it ordered him to pay restitution of the $36,659.28 that
he was found to have taken from Pace American. Pace has appealed his
criminal conviction.
Following the criminal trial, the Commission amended its civil
complaint, leaving the two allegations on which Pace was tried
criminally. The Commission then sought summary judgment on the
allegation related to the criminal conviction. On November 29, 2001,
United States District Judge James Robertson granted summary judgment
in favor of the Commission on that allegation. The court ruled that
Pace had committed antifraud violations by failing to disclose in Pace
American's annual reports, proxy materials and registration statements
filed with the Commission that he had received these bond premiums,
and that Pace had caused Pace American to maintain false books and
records because he failed to have the company's books and records
reflect that he diverted these bond premiums to his personal bank
account. Accordingly, on January 28, 2002, the court entered a Final
Judgment of Permanent Injunction enjoining Pace from violating Section
17(a) of the Securities Act of 1933 and Sections 10(b), 13(b)(5) and
14(a) of the Securities Exchange Act of 1934 and Rules 10b-5, 12b-20,
SNIPPETS:
Securities and Exchange Commission v.
On January 28, 2002, the United States District Court for the District of Columbia entered a
Don Pace was the chief executive officer and a director of Pace American Group, Inc., a
The Commission's lawsuit was stayed for several years pending the outcome of Pace's criminal
After a jury trial in the criminal case in late 2000, Pace was convicted on some wire fraud
He was found to have diverted for his own use more than $36,000 in bond premiums that a
Following the criminal trial, the Commission amended its civil complaint, leaving the two
The Commission then sought summary judgment on the allegation related to the criminal
On November 29, 2001, United States District Judge James Robertson granted summary judgment
The court ruled that Pace had committed antifraud violations by failing to disclose in Pace
Accordingly, on January 28, 2002, the court entered a Final Judgment of Permanent Injunction
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