UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Rel. No. 17652 / August 2, 2002
Commission Obtains Temporary Restraining Order and Asset
Freeze Against Purported Bond Trader Claude Lefebvre, Former Broker
Dennis Herula, and Others in Connection with Fraudulent Offering
Scheme
The Commission announced today that it has obtained temporary
restraining orders and asset freezes in a civil fraud action filed
against Claude Lefebvre, a purported bond trader, Dennis Herula, a
former Rhode Island broker, and others. The Commission's complaint,
filed July 31 in San Francisco federal district court, alleges that
Lefebvre, Herula and others participated in a fraudulent scheme that
raised at least $40 million from investors within the past month. One
of the investors is an entity owned or controlled by members of the
Coors family, founders of the Adolph Coors Company. The court's order,
issued August 1, froze at least $36 million held in various brokerage
accounts controlled by the defendants.
The Commission alleges in its complaint that Lefebvre falsely promised
investors exorbitant returns, such as a 100% return per week, through
a fraudulent prime bank trading program that purportedly invested in
bank or other financial institution instruments rated AA or better.
Lefebvre also falsely claimed that he was federally licensed to trade
such instruments. According to the Commission's complaint, these
representations were false because prime bank trading programs are
wholly fictitious. The Commission's complaint alleges that Lefebvre
acted through two entities owned or controlled by him and/or Herula
RMO Assets Management and Watch Hill Capital Management -- and that
Herula aided and abetted Lefebvre's violations of the federal
securities laws. The complaint further alleges that, within the past
several weeks, Lefebvre, Herula, and Herula's wife, Rhode Island
attorney Mary Lee Capalbo, spent at least $4 million in investor funds
on luxury items such as cars, jewelry, and large hotel bills. They
also used the money to pay personal expenses, such as doctor's bills
and Capalbo's Rhode Island bar association fees.
Herula and Capalbo are defendants in a prior action filed by the
Commission in Rhode Island federal district court on April 1, 2002. In
that case, which involved a separate prime bank investment scheme, the
court entered preliminary injunctions against Herula, Capalbo and
others, restraining them from violating the antifraud provisions of
the securities laws or accepting investor funds. The Commission
alleges that Herula and Capalbo engaged in the activity involving the
new fraudulent scheme at a time when they were already subject to the
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Rel.
Commission Obtains Temporary Restraining Order and Asset
The Commission announced today that it has obtained temporary restraining orders and asset
The Commission's complaint, filed July 31 in San Francisco federal district court, alleges
The Commission alleges in its complaint that Lefebvre falsely promised investors exorbitant
The Commission's complaint alleges that Lefebvre acted through two entities owned or
Herula and Capalbo are defendants in a prior action filed by the Commission in Rhode Island
In that case, which involved a separate prime bank investment scheme, the court entered
The Commission alleged in its complaint that defendants Lefebvre, RMO Assets Management, and
The Commission also named as a relief defendant Capalbo, who received at least $3 million of
The Commission obtained entry of an order temporarily restraining Lefebvre, RMO Assets
The hearing on the Commission's motion for a preliminary injunction is scheduled for August
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