SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17608 / July 12, 2002
SEC v. Terry V. Koontz, et al., Civil Action No. 98cv11904NG (D.
Mass., Sept. 17, 1998)
The Securities and Exchange Commission ("Commission") announced today
that on June 28, 2002, Judge Nancy Gertner of the United States
District Court for the District of Massachusetts entered final
judgments against all remaining defendants and relief defendants in
the Commission's civil enforcement action charging a $20 million
fictitious prime bank offering fraud. Specifically, Judge Gertner
granted the Commission's motions for summary judgment against
Defendant Terry V. Koontz, the architect of the fraud, and his company
Zone Productions, Inc. ("Zone") and against Relief Defendants Marilyn
Koontz, Dorothy Gerodemos, Helen Smith, and Anastasia Brooks. Judge
Gertner also granted the Commission's motion for entry of final
judgments by default against Defendant Kurt Fox and Relief Defendants
Emanon II, Inc., Stewart A. Koral, and Nancy Chamich. The judgment
against Terry Koontz permanently enjoins him from committing
violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of
1933 and Section 10(b) of the Securities Exchange Act of 1934
("Exchange Act") and Rule 10b-5 thereunder and orders him to pay
disgorgement, jointly and severally with Zone, of $20,000,000 plus
prejudgment interest of $6,850,585.53, for a total of $26,850,585.53.
The judgment against Fox permanently enjoins him from committing
violations of the same provisions as well as Section 15(a) of the
Exchange Act and orders him to pay disgorgement and prejudgment
interest totaling $108,442.81. The judgments against the Relief
Defendants, who all received ill-gotten gains from Terry Koontz, order
them to pay disgorgement and prejudgment interest as follows Marilyn
Koontz -- $1,226,116; Gerodemos -- $4,229,873; Smith -- $724,865;
Brooks -- $1,178,553; Emanon II -- $2,550,805.61; Koral --
$976,018.78; and Chamich -- $1,364,216.49.
The Commission alleged in SEC v. Koontz, et al. (D. Mass., filed Sept.
17, 1998), that Terry Koontz orchestrated a scheme in which more than
80 individuals in 16 states were induced to invest over $19 million in
a fictitious "international bank debenture trading" program called
Private Pool, LLC. The Commission further charged that several sales
agents utilized by Terry Koontz (including Defendant Fox) made various
false representations to potential investors about Private Pool,
including representations that investors would earn a return of 1% per
week for a 40-week trading period, that their funds would be secured
by government bonds in a two-to-one ratio, and that investors would
receive a security interest in the bonds evidenced by a UCC-1
financing statement filed with the State of New York. The Commission
SNIPPETS:
Mass., Sept. 17, 1998)
The Securities and Exchange Commission announced today that on June 28, 2002, Judge Nancy
Specifically, Judge Gertner granted the Commission's motions for summary judgment against
Judge Gertner also granted the Commission's motion for entry of final judgments by default
The judgment against Terry Koontz permanently enjoins him from committing violations of
The judgment against Fox permanently enjoins him from committing violations of the same
The judgments against the Relief Defendants, who all received ill-gotten gains from Terry
Mass., filed Sept. 17, 1998), that Terry Koontz orchestrated a scheme in which more than 80
The Commission further charged that several sales agents utilized by Terry Koontz made
In fact, international bank debentures do not exist, and Koontz was not affiliated with
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