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SEC v EDWARD F GOBORA Click to find out why . . .



Keywords & Phrases
CaseNo: SVEFG97886, CourtName: MISC S2, Plaintiff: SEC, UniqueCaseRef: LCD>SVEFG97886, State: DC Washington D.C., Gobora, Act, Investment Company, Foreign Exchange, Merrill Lynch, Trades, Clients, Commission, Advisers Act, Investment, Violations, Securities, Thereunder, Manager, Allocation, Schemes, Foreign Exchange Trading, District, Investment Advisers, Currency, Abetted Violations, Connection, Execution, Violating, Investment Companies, Exchange, Pursuant, Paragraphs, Foreign Exchange Desk, Edward, Scheme, Foregoing, Material Facts, Reincorporates, Commission Realleges, Complaint , ContentID: 120253720

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130096
7 pages
PDF
2 2002-07-10 ADMINISTRATIVE PROCEEDING 2042
[ see first page and extracted highlights below  ] ItemID: 130095
3 pages
TXT
3 2002-06-11 SEC LITIGATION RELEASE 17555
[ see first page and extracted highlights below  ] ItemID: 130097
2 pages
TXT
Total Documents: 3 documents , 12 pages
Price: $ 29.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
INVESTMENT COMPANY
GOBORA
MERRILL LYNCH
FOREIGN EXCHANGE
VIOLATIONS
TRADES
CLIENTS
ADVISERS ACT
MANAGER
COMMISSION
THEREUNDER
SECURITIES
ALLOCATION
SCHEMES
CURRENCY
ABETTED VIOLATIONS
CONNECTION
EXECUTION
PURSUANT
PARAGRAPHS
FOREIGN EXCHANGE DESK
BUSINESS
FOREIGN EXCHANGE TRADING
FOREGOING
MATERIAL FACTS
REINCORPORATES
COMMISSION REALLEGES
REPORTS
APPLICATIONS
                     IN THE UNITED STATES DISTRICT COURT
                            FOR THE DISTRICT OF COLUMBIA




SECURITIES AND EXCHANGE COMMISSION
450 Fifth Street, N.W.
Washington, D.C. 20549-0708,
                                                          :
                                            Plaintiff,   :
                                                          :
                            v.                            :  Case No. 1:02CV01136 (RJL)
                                                          :
EDWARD F. GOBORA                                          :
2021 Beacon Hill Drive                                    :
Newtown, Pennsylvania 18940,

                                          Defendant.




                                       COMPLAINT

Plaintiff Securities and Exchange Commission ("Commission") alleges as follows against
the above-named defendant:

                                        SUMMARY

1. This case involves a former portfolio and currency manager and foreign exchange
trader at Merrill Lynch Investment Managers, LP ("Merrill Lynch") who defrauded
several Merrill Lynch clients by engaging in two fraudulent foreign exchange trading
schemes. The first scheme involved delaying the execution of foreign exchange trades on
behalf of registered investment companies, and then allocating some of the trades to
certain favored clients if they became profitable. The second scheme involved the
misallocation of tactical foreign exchange trades and hedging transactions, with
profitable trades allocated to certain clients and losing trades allocated to certain other
clients. Gobora engaged in these schemes at certain times from mid-1997 through April
2001, when he was terminated by Merrill Lynch.

                                      JURISDICTION

2. The Court has jurisdiction of this action pursuant to Sections 21(d), 21(e) and 27 of the
Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. §§ 78u(d) & (e) and
78aa], Sections 209(d) and 214 of the Investment Advisers Act of 1940 ("Advisers Act")
[15 U.S.C. §§ 80b-9 and 80b-14] and Section 42(d) of the Investment Company Act of
1940 ("Investment Company Act") [15 U.S.C. § 80a-41(d)].

SNIPPETS:
  • Plaintiff Securities and Exchange Commission alleges as follows against the above-named
  • This case involves a former portfolio and currency manager and foreign exchange trader at
  • The first scheme involved delaying the execution of foreign exchange trades on behalf of
  • Gobora engaged in these schemes at certain times from mid-1997 through April 2001, when he
  • The Court has jurisdiction of this action pursuant to Sections 21, 21and 27 of the Securities
  • The defendant made use of the means and instrumentalities of interstate commerce or of the
  • The foreign exchange desk executed currency trades for clients that needed foreign currency
  • Exchange Act and Rule 10b-5 Thereunder
  • The Commission realleges and reincorporates herein paragraphs 1 through 11 above.
  • Gobora, directly and indirectly, by use of the means or instrumentalities of interstate or would operate as a fraud or deceit upon purchasers or sellers securities.
  • Gobora knowingly or recklessly engaged in the schemes described in paragraphs 1 through 14
  • Gobora Aided and Abetted Violations
  • As a result of Gobora's conduct, Merrill Lynch gave preferential allocation of tactical
  • Based on the foregoing, Gobora aided and abetted Merrill Lynch's violations of Sections
  • Gobora Aided and Abetted Violations of Section
  • As a result of Gobora's conduct, Merrill Lynch failed to disclose Gobora's conduct as

  • 2 . ADMINISTRATIVE PROCEEDING 2042

    EXTRACTED KEY WORDS
    COMMISSION
    INVESTMENT
    ADVISERS ACT
    INVESTMENT ADVISERS
    EXCHANGE
    TRADES
    INVESTMENT COMPANIES
    DISTRICT
    REGISTERED INVESTMENT COMPANIES
    MERRILL LYNCH
    FINDINGS
    INSTITUTING
    SECURITIES
    ALLOCATING
    CLIENTS
    COMPLAINT
    PERMANENT INJUNCTION
    ENTRY
    ADMITTING
    SETTLEMENT
    INSTITUTING PROCEEDINGS PURSUANT
    ORDER INSTITUTING PROCEEDINGS
    EDWARD
    ADMINISTRATIVE PROCEEDINGS
    UNITED STATES
    SCHEME
    FOREIGN EXCHANGE
    THEREUNDER
    VIOLATING
    
    UNITED STATES OF AMERICA
    Before the
    SECURITIES AND EXCHANGE COMMISSION
    
    INVESTMENT ADVISERS ACT OF 1940
    Release No. 2042 / July 10, 2002
    
       ADMINISTRATIVE PROCEEDING
       File No. 3-10828
         _________________________________________________________________
    
       In the Matter of
    
       EDWARD F. GOBORA,
    
                                                                  Respondent.
         _________________________________________________________________
    
       ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTION 203(f) OF THE
       INVESTMENT ADVISERS ACT OF 1940, MAKING FINDINGS AND IMPOSING REMEDIAL
       SANCTIONS
    
                                         I.
    
       The Securities and Exchange Commission ("Commission") deems it
       appropriate and in the public interest that public administrative
       proceedings be, and hereby are, instituted against Edward F. Gobora
       ("Gobora" or "Respondent") pursuant to Section 203(f) of the
       Investment Advisers Act of 1940 ("Advisers Act").
    
                                        II.
    
       In anticipation of the institution of these public administrative
       proceedings, Gobora has submitted an Offer of Settlement which the
       Commission has determined to accept. Solely for the purposes of these
       proceedings and any other proceedings brought by or on behalf of the
       Commission or to which the Commission is a party, and without
       admitting or denying the findings, except that Gobora admits to the
       entry of the permanent injunction set forth in Section III.B., and
       Gobora admits the jurisdiction of the Commission over himself and over
       the subject matter of this proceeding, Gobora consents to the entry of
       this Order Instituting Proceedings Pursuant to Section 203(f) of the
       Investment Advisers Act of 1940, Making Findings and Imposing Remedial
       Sanctions ("Order").
    
                                        III.
    
       On the basis of this Order and Gobora's Offer of Settlement, the
    
    SNIPPETS:
  • UNITED STATES OF AMERICA
  • SECURITIES AND EXCHANGE COMMISSION
  • INVESTMENT ADVISERS ACT OF 1940, MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS
  • The Securities and Exchange Commission deems it appropriate and in the public interest that
  • In anticipation of the institution of these public administrative proceedings, Gobora has
  • Solely for the purposes of these proceedings and any other proceedings brought by or on on 203of the Investment Advisers Act of 1940, Making Findings and Imposing Remedial Sanctions.
  • Gobora, age 35, is a resident of Newtown, Pennsylvania, and was associated with Merrill Lynch
  • On June 11, 2002, the Commission filed a complaint against Gobora in Securities and Exchange
  • On May 1, 2002, Gobora consented to the entry of the Final Judgment against him in SEC v.
  • On June 12, 2002, the United States District Court for the District of Columbia entered the ) and Rule 31a-1 thereunder.
  • The Commission's complaint in SEC v. Gobora alleges, among other things, that Gobora
  • The first scheme involved delaying the execution of foreign exchange trades on behalf of U.S.

  • 3 . SEC LITIGATION RELEASE 17555

    EXTRACTED KEY WORDS
    GOBORA
    FOREIGN EXCHANGE
    CLIENTS
    TRADES
    VIOLATING
    SECURITIES
    INVESTMENT ADVISER
    DISTRICT
    MERRILL LYNCH
    COMMISSION
    THEREUNDER
    ACT
    ALLOCATION
    SCHEME
    INVESTMENT COMPANIES
    FOREIGN EXCHANGE TRADING
    MANAGER
    EDWARD
    ABETTING VIOLATIONS
    AIDING
    FAVORED CLIENTS
    PROVISIONS
    PERMANENTLY ENJOINS
    COMPLAINT
    COLUMBIA
    DISTRICT COURT
    HEAD
    PORTFOLIO
    CIVIL
    
    Securities and Exchange Commission
    Washington, D.C.
    
    Litigation Release No. 17555 / June 11, 2002
    
       SEC FILES SETTLED CIVIL ACTION AGAINST EDWARD GOBORA, FORMER PORTFOLIO
       MANAGER AND HEAD OF FOREIGN EXCHANGE TRADING AT MERRILL LYNCH
       INVESTMENT MANAGERS, L.P.
    
       SEC v. Edward F. Gobora, U.S. District Court for the District of
       Columbia, Docket No. 1 02CV01136 (RJL)
    
       The Securities and Exchange Commission announced today that it has
       filed a settled enforcement action against Edward F. Gobora, the
       former global head of foreign exchange trading and a portfolio manager
       at Merrill Lynch Investment Mangers, L.P., an investment adviser
       registered with the Commisison. Without admitting or denying the
       allegations in the Commission's complaint, Gobora, age 35, of Newtown,
       Pennsylvania, consented to the entry of a final judgment which
       permanently enjoins him from violating the antifraud provisions of the
       federal securities laws and from violating reporting and recordkeeping
       provisions relating to investment advisers and investment companies.
       Gobora will pay a civil penalty of $75,000. Gobora also consented to a
       Commission Order which will bar him from association with any
       investment adviser for at least five years.
    
       The Commission's complaint, filed in the U.S. District Court for the
       District of Columbia, alleges that, during the period 1997 through
       April 2001 Gobora defrauded Merrill Lynch clients in two ways. The
       first scheme involved "cherry picking" short term foreign exchange
       trades, with profitable trades allocated by Gobora to favored clients,
       and losing trades given to unfavored clients. The second scheme
       involved delaying the execution and allocation of foreign exchange
       trades that were prompted by client trades of foreign securities; if
       the market moved positively after a position was opened, Gobora
       allocated the trade to favored clients, with the original client
       trading the foreign exchange at the later, less favorable price. The
       Merrill Lynch clients that were hurt by these schemes included several
       U.S. registered investment companies.
    
       Gobora will be permanently enjoined from violating Section 10(b) of
       the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and
       from aiding and abetting violations of Sections 204, 206(1), 206(2)
       and 207 of the Investment Advisers Act of 1940 and Rule 204-2
       thereunder, and from aiding and abetting violations of Sections 31(a)
       and 34(b) of the Investment Company Act of 1940 and Rule 31a-1
       thereunder. The SEC is continuing its investigation of this matter as
       it relates to other parties.
    
    SNIPPETS:
  • SEC FILES SETTLED CIVIL ACTION AGAINST EDWARD GOBORA, FORMER PORTFOLIO MANAGER AND HEAD OF
  • SEC v. Edward F. Gobora, U.S. District Court for the District of Columbia, Docket No. 1
  • The Securities and Exchange Commission announced today that it has filed a settled
  • Without admitting or denying the allegations in the Commission's complaint, Gobora, age 35,
  • Gobora also consented to a Commission Order which will bar him from association with any
  • The Commission's complaint, filed in the U.S. District Court for the District of Columbia,
  • The first scheme involved "cherry picking" short term foreign exchange trades, with
  • The second scheme involved delaying the execution and allocation of foreign exchange trades
  • Gobora will be permanently enjoined from violating Section 10of the Securities Exchange Act
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