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SEC v SHARP CAPITAL, INC., et al Click to find out why . . .



Keywords & Phrases
CaseNo: LR-17584, CourtName: DALLAS LAW FIRM AGREES TO PAY $1.2 MILLION FOR VIOLATING COURT ORDER, Defendant: Sharp Capital, Inc., et al., Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>LR-17584, Sharp, Special Master, Gutierrez, Investors, Securities, Gardere, Clients, District, Exchange Commission, Dallas Law Firm, Boxes, Assets, Civil, Violating, Lawsuit, Advisors, Paid, Compensate, Lost, Scheme, American, Northern District, Texas, Failure, Entry, Boxes Contained Relevant, Administer, Agreement , ContentID: 120253080

Case Documents
1 2002-06-25 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 128911
2 pages
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Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

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
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION v. SHARP CAPITAL, INC., ET AL. Civil Action No. 3
  • DALLAS LAW FIRM AGREES TO PAY $1.2 MILLION FOR VIOLATING COURT ORDER
  • The Securities and Exchange Commission announced today that the Dallas law firm, Gardere
  • Gardere failed to produce 27 boxes of Sharp's records in its possession that the court had
  • The $1.2 million being paid will be used to compensate investors who lost money in the scheme
  • The SEC lawsuit against Sharp alleged that the company and its principal, Mauricio Gutierrez,
  • the SEC obtained emergency orders from the U.S. District Court for the Northern District of
  • But Gardere failed to turn over to the Special Master 27 boxes of Sharp's records until 18
  • 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
  • The SEC and Special Master believe that the $1.2 million being paid is appropriate
  • Gardere's agreement to settle the claims of the SEC and Special Master for this amount is
  • Previously in the Sharp litigation, the Special Master recovered more than $17 million, much
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