![]() |
|
|
|
| | | |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
SEC LITIGATION RELEASE
|
EXTRACTED KEY WORDS
INVESTORS SECURITIES DISTRICT EXCHANGE COMMISSION GEORGIA COMPLAINT TERRANCE MICHAEL PERMANENT INJUNCTION UNITED STATES DISTRICT STATES DISTRICT COURT NORTHERN DISTRICT ACT ALLEGES PARTNERSHIPS CIVIL JUDGEMENT FRAUD GENERAL PARTNERS ACCORDING FALSE ACCOUNT STATEMENTS ACCOUNT STATEMENTS INDICATING EARNING VARIETY DECEIT FUND MANAGEMENT SOLD MAIL FRAUD SERVE PRISON PAY RESTITUTION |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17593 / June 28, 2002
Securities and Exchange Commission v. Terrance Michael O'Donohue and
O'Donohue Fund Management, Inc., Civil Action No. 1 02 CV 1663 (N.D.
Ga.)
FINAL JUDGMENT OF PERMANENT INJUNCTION ENTERED AGAINST TERRANCE
MICHAEL O'DONOHUE AND O'DONOHUE FUND MANAGEMENT, INC.
The Securities and Exchange Commission ("Commission") announced today
that on June 20, 2002, the Honorable Thomas W. Thrash, Jr. of the
United States District Court for the Northern District of Georgia
entered an Order of Permanent Injunction against Terrance Michael
O'Donohue and O'Donohue Fund Management, Inc. O'Donohue and O'Donohue
Fund Management consented, without admitting or denying the
allegations in the complaint, to the entry of a final judgment that
permanently enjoins them from violating Sections 5(a), 5(c), and 17(a)
of the Securities Act of 1933, Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1)
and 206(2) of the Investment Advisers Act of 1940. The Commission did
not seek disgorgement or civil penalties because of the criminal
sanctions already imposed.
On June 17, 2002, the Commission filed a complaint with the United
States District Court for the Northern District of Georgia which
alleges that, from June 1995 until November 2000, O'Donohue raised
almost $3 million for three limited partnerships from 53 investors.
The complaint alleges that O'Donohue, who was a Georgia resident, or
O'Donohue Fund Management, a Georgia corporation controlled by
O'Donohue, were the general partners and made the investment decisions
for the partnerships. According to the Commission's complaint,
O'Donohue diverted over $2 million of investor funds, falsely stated
to investors that their funds were invested, sent out false account
statements indicating that investors' funds were earning returns, and
otherwise engaged in a variety of conduct which operated as a fraud
and deceit on investors. The complaint also alleges that O'Donohue and
O'Donohue Fund Management sold unregistered securities.
O'Donohue was convicted of three counts of mail fraud involving this
same conduct. He was sentenced in the United States District Court for
the Northern District of Georgia to serve 48 months in prison,
followed by three years of supervised release, and was ordered to pay
restitution of $2,468,912.41.
See also (June 17, 2002)
_________________________________________________________________
SNIPPETS:
|
| | | |