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1
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COMPLAINT
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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)].
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2
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ADMINISTRATIVE PROCEEDING 2042
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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
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3
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SEC LITIGATION RELEASE 17555
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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: |
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