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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
COMMISSION YORK COUNTY ASSETS JUSTICE WETZEL DUKE PAY SENTENCING PROSECUTION JUDGEMENT SECURITIES EXCHANGE COMMISSION LITIGATION JEFFREY SUPREME COURT BROKER YORK COUNTY DISTRICT STAFF REJECTING PARENTS OFFSHORE ACCOUNT CHANNEL ISLANDS IMPOSING SENTENCE COOPERATION JUSTICE WETZEL NEVERTHELESS DEFRAUDED INVESTORS TRUE REMORSE CRIMES OUTSTANDING WORK COUNTY DISTRICT ATTORNEY |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17344 / January 29, 2002
People of the State of New York v. Jeffrey Honigman, No. 3325-99,
Supreme Court, New York County
The Securities and Exchange Commission ("Commission") announced that
on January 25, 2002, New York State Supreme Court Justice William
Wetzel sentenced Jeffrey S. Honigman ("Honigman") to a prison term of
3-9 years. Honigman, a former top producing broker at now-defunct
brokerage Duke & Co. ("Duke"), as well as a supervisor and part owner
of Duke, was prosecuted by the New York County District Attorney's
office. Honigman pleaded guilty to one count of conspiracy to commit
enterprise corruption in September 1999.
Honigman was prosecuted for some of the same conduct that underlies a
civil complaint filed by the Commission against Honigman, along with
co-defendants Victor M. Wang, Gregg A. Thaler, and Charles T. Bennett.
As part of his settlement with the Commission, Honigman agreed to an
injunction and to pay disgorgement of $302,286 (including pre-judgment
interest), which represented Honigman's ill-gotten gains. But Honigman
then paid only a portion of that judgment and claimed a financial
inability to pay the remainder. The staff rejected Honigman's claim of
financial hardship because Honigman had made substantial transfers of
assets to his parents that could be used to pay the Commission's
judgment in full.
The staff of the Commission made a submission to Justice Wetzel
detailing Honigman's failure to pay the judgment and his earlier
transfer of assets.
In rejecting a request for leniency and sentencing Honigman to 3-9
years, Justice Wetzel took note that Honigman had transferred $750,000
in assets to his parents after the Commission began its investigation
and that those assets subsequently were transferred to an offshore
account in the Channel Islands. In imposing sentence, although he took
note of Honigman's cooperation in the criminal prosecution of Duke,
Justice Wetzel nevertheless termed Honigman's transfer "suspicious"
and stated that those assets would have been made available to
defrauded investors if Honigman felt true remorse for his crimes.
The Commission acknowledges the outstanding work of the Office of the
New York County District Attorney in the Duke criminal actions.
For further information about the Commission's action, see Litigation
Release No. .
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