SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17813 / October 29, 2002
FINAL JUDGMENTS OF PERMANENT INJUNCTION ENTERED AGAINST FORMER
BROKERAGE FIRM AND ITS VICE PRESIDENT OF SALES
SECURITIES AND EXCHANGE COMMISSION V. DISCOVERY CAPITAL GROUP, ERIK
WALSH, AND JOHN ABRESCH, Case No. 02-60363-CIV-HUCK (S.D. Fla., filed
March 14, 2002)
The Securities and Exchange Commission ("SEC" or the "Commission")
announced that on October 24, 2002, the United States District Court
for the Southern District of Florida entered a Final Judgment of
Permanent Injunction and Other Relief ("Final Judgment") against John
Abresch ("Abresch"), the vice president and director of institutional
sales of Discovery Capital Group, Inc. ("Discovery Capital"), a
broker-dealer registered with the Commission since 1992. The Final
Judgment against Abresch, entered by Abresch's consent and without
admitting or denying the allegations of the Commission's Complaint,
enjoins Abresch from violations of Section 17(a) of the Securities Act
of 1933 ("Securities Act") and Section 10(b) of the Securities
Exchange Act of 1934 ("Exchange Act"), and Rule 10b-5 thereunder. The
Final Judgment also orders Abresch to disgorge $570,816, with
prejudgment interest thereon, but waives payment of disgorgement and
interest in excess of $195,000, and does not impose a civil penalty,
based upon his sworn financial statement and documentation provided to
the Commission.
On March 14, 2002, the SEC filed an emergency action against Discovery
Capital, Abresch and others seeking to enjoin the ongoing fraudulent
offering of securities issued by Discovery Capital in the form of
promissory notes and preferred stock. The Complaint alleged that from
at least June 2001 through the filing of the action, Discovery Capital
raised at least $2.7 million through the use of a network of primarily
unlicensed sales agents using high pressure sales tactics and making
misrepresentations about, among other things, Discovery Capital's
growth, its affiliations with well-known brokerage firms and other
institutions, and the safety of the investments.
On the same day, the Court also entered a Final Judgment of Permanent
Injunction against Discovery Capital, by the consent of the
Court-appointed Receiver for Discovery Capital, enjoining Discovery
Capital from violations of Section 17(a) of the Securities Act,
Sections 10(b), 15(c) and 17(a) of the Exchange Act, and Rules 10b-5,
15c1-2, 15c3-1, 17a-3, 17a-4, 17a-5, and 17a-11 thereunder. The
Receiver consented to the entry of the Final Judgment without
admitting or denying the allegations of the Complaint.
SNIPPETS:
FINAL JUDGMENTS OF PERMANENT INJUNCTION ENTERED AGAINST FORMER BROKERAGE FIRM AND ITS VICE
SECURITIES AND EXCHANGE COMMISSION V. DISCOVERY CAPITAL GROUP,
WALSH, AND JOHN ABRESCH, Case No. 02-60363-CIV-HUCK (S.D.
The Securities and Exchange Commission announced that on October 24, 2002, the United States
The Final Judgment against Abresch, entered by Abresch's consent and without admitting or
The Final Judgment also orders Abresch to disgorge $570,816, with prejudgment interest
The Complaint alleged that from at least June 2001 through the filing of the action,
On the same day, the Court also entered a Final Judgment of Permanent Injunction against
The Receiver consented to the entry of the Final Judgment without admitting or denying the
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