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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
NUNN ACT JUDGEMENT PRIME BANK INVESTORS EXCHANGE DISTRICT FUNDS PROVISIONS ABBOTT COMMISSION UNITED STATES DISTRICT STATES DISTRICT COURT FLORIDA PAY FUTURE VIOLATIONS LITIGATION MIDDLE DISTRICT ENTRY PROMOTERS SCHEME BROKER-DEALER REGISTRATION PROVISIONS ANTIFRAUD PROVISIONS FEDERAL SECURITIES LAWS CIVIL PENALTY MATTER COURSES BUSINESS CONSTITUTED VIOLATIONS |
SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17845 / November 18, 2002
(United States District Court for the Middle District of Florida, C.A.
No. 6 01-CV-364-ORL-31-KRS)
The Commission announced today the entry of separate judgments against
two defendants in a prime bank securities fraud case. First, on
October 30, 2002, the United States District Court for the Middle
District of Florida granted the Commission's motion for summary
judgment against Kenneth C. Nunn ("Nunn") of Kent, England, the
scheme's central figure. According to the Commission's complaint, Nunn
solicited U.S. promoters and falsely told them that his prime bank
trading program would pay 15% a month for twelve months and that
investor funds were fully collateralized by U.S. Treasury Bills. Nunn
also allegedly told U.S. promoters that for years he had successfully
operated high-yield prime bank programs, buying and selling
newly-issued bonds in 45-minute intervals and earning 20% per week
with no risk. U.S. citizens invested $3.55 million in the scheme. The
investors' funds were sent to an off-shore bank account controlled by
Nunn. None of the funds were used to buy securities and investors did
not receive their promised return or return of all principal. Nunn
allegedly used over $400,000 of the funds for his personal benefit.
The Court's judgment enjoins Nunn from future violations of the
securities and broker-dealer registration provisions as well as the
general antifraud provisions of the federal securities laws. The
judgment orders Nunn to pay disgorgement of $401,000 plus prejudgment
interest of $126,421. Further, the Court ordered Nunn to pay a civil
penalty of $200,000.
The Commission also announced that on November 8, 2002, a judgment by
consent was entered against Earl A. Abbott of Titusville, Florida in
the same matter. The Commission's complaint alleged that Abbott
recruited others to sell the $3.55 million of non-existent prime bank
securities to investors in five different states. Abbott, without
admitting or denying the Commission's allegations, agreed to settle
the matter by agreeing to the entry of an injunction against future
violations of the securities and broker-dealer registration provisions
and the antifraud provisions of the federal securities laws and the
payment of a $25,000 civil penalty.
The Commission's complaint alleged that, in connection with this
scheme, Nunn and Abbott engaged in transactions, acts, practices and
courses of business which constituted violations of Section 17(a) of
the Securities Act of 1933, Section 10(b) of the Exchange Act of 1934
("Exchange Act"), and Rule 10b-5 thereunder, Section 5(a) and 5(c) of
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