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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
SPECIAL MASTER COURT GUTIERREZ INVESTORS SECURITIES GARDERE CLIENTS DISTRICT EXCHANGE COMMISSION LITIGATION DALLAS LAW FIRM BOXES ASSETS CIVIL VIOLATING LAWSUIT ADVISORS PAID COMPENSATE LOST SCHEME AMERICAN NORTHERN DISTRICT TEXAS FAILURE ENTRY BOXES CONTAINED RELEVANT ADMINISTER AGREEMENT |
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 17584 / June 25, 2002.
SECURITIES AND EXCHANGE COMMISSION v. SHARP CAPITAL, INC., ET AL.
Civil Action No. 3 98-CV2792-G (USDC/NDTX/Dallas Division)
DALLAS LAW FIRM AGREES TO PAY $1.2 MILLION FOR VIOLATING COURT ORDER
IN SEC ENFORCEMENT ACTION
The Securities and Exchange Commission announced today that the Dallas
law firm, Gardere Wynne Sewell LLP, has agreed to pay $1.2 million for
violating a court order in a pending SEC civil lawsuit against Sharp
Capital Advisors, Inc., one of the law firm's former clients. For 18
months, Gardere failed to produce 27 boxes of Sharp's records in its
possession that the court had ordered produced. The $1.2 million being
paid will be used to compensate investors who lost money in the scheme
underlying the SEC's suit.
Sharp is a former registered investment adviser that catered to
Mexican and other Latin American investors. The SEC lawsuit against
Sharp alleged that the company and its principal, Mauricio Gutierrez,
lost as much as $80 million of client funds in highly leveraged
investments in speculative securities of Eastern European and South
American companies without client knowledge or authorization.
In November 1998, the SEC obtained emergency orders from the U.S.
District Court for the Northern District of Texas freezing the assets
of Sharp and Gutierrez and appointing a Special Master to collect and
maintain the assets for the benefit of Sharp's advisory clients. The
orders directed Sharp, Gutierrez, and their agents immediately to
provide to the Special Master all non-privileged books, records and
documents relating to Sharp's activities and cooperate with the
Special Master by promptly and honestly responding to all requests for
information.
Sharp and Gutierrez agreed to the court orders. As their attorney,
Gardere represented Sharp and Gutierrez and negotiated the terms and
language of the orders on their behalf. But Gardere failed to turn
over to the Special Master 27 boxes of Sharp's records until 18 months
after the entry of the orders. The boxes contained relevant documents
not previously produced to the Special Master.
As a result of Gardere's failure to timely deliver these records, the
Special Master's efforts to administer the assets maintained for
investors was significantly impaired. The SEC and Special Master
believe that the $1.2 million being paid is appropriate compensation
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