United States Securities and Exchange Commission
Boston, Massachusetts
Litigation Rel. No. 17514 / May 13, 2002
Court Issues Preliminary Injunction and Asset Freeze Against New York
Businessman Martin Fife, Former Broker Dennis Herula, Rhode Island Attorney
Mary Lee Capalbo and Others in Connection with Fraudulent Offering Scheme
The Commission announced that, on May 8, 2002, the U.S. District Court
for the District of Rhode Island issued a written order imposing
preliminary injunctions and asset freezes against Martin D. Fife, a
former Dreyfus fund independent director, Dennis Herula, a former
Raymond James broker, Mary Lee Capalbo, a Rhode Island attorney, and
others in connection with a fraudulent scheme that raised at least $52
million from investors between 1999 and 2001. The court had previously
entered temporary restraining orders and asset freezes on April 3,
2002 against the same defendants in connection with this conduct.
The Commission alleged in its complaint, filed April 1, 2002, that
British citizen Michael Clarke and others promised investors
exorbitant returns (such as a nearly 300% return in twelve banking
days) through a high yield trading program purportedly operated by
Fife under various names, including Brite Business and Seaview
Development and Holdings, Ltd. According to the Commission's
complaint, these representations were false because such high yield
trading programs do not exist. The complaint alleges that Fife, who
until recently served as an independent director of several Dreyfus
mutual funds, purportedly ran the Brite Business trading program,
which he described as a "credit enhancement" or "balance sheet
enhancement" program. The complaint further alleges that, between 1999
and 2001, Clarke and Fife misappropriated, transferred or lost
approximately $13 million in investor funds. The Commission does not
allege that anyone at Dreyfus knew of or participated in the
fraudulent scheme. According to the Commission's complaint, most of
the Brite Business investor funds were maintained in a brokerage
account in Rhode Island at Raymond James Financial Services, Inc. The
complaint alleges that Dennis Herula, the registered representative
for the Brite Business account, and his wife, Rhode Island attorney
Mary Lee Capalbo, played integral roles in the fraudulent scheme and
also misappropriated approximately $8 million in investor funds.
According to the complaint, Herula and Capalbo have both made false
statements or provided forged account statements to investors within
the past several months.
The complaint alleges that several other individuals participated in
the fraudulent scheme. The complaint further alleges that Charles
SNIPPETS:
United States Securities and Exchange Commission
Court Issues Preliminary Injunction and Asset Freeze Against New York Businessman Martin
The court had previously entered temporary restraining orders and asset freezes on April 3,
The Commission alleged in its complaint, filed April 1, 2002, that British citizen Michael
The complaint alleges that Fife, who until recently served as an independent director of
The complaint further alleges that, between 1999 and 2001, Clarke and Fife misappropriated,
The Commission does not allege that anyone at Dreyfus knew of or participated in the
According to the Commission's complaint, most of the Brite Business investor funds were
Herula and Capalbo have both made false statements or provided forged account statements to
The complaint also alleges that Robert Wachtel, of California, and Johan Hertzog, of Florida,
After a two-day preliminary injunction hearing concerning defendants Herula, Capalbo, Fife,
On May 8, 2002, the court issued a written order imposing preliminary injunctions against
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