U.S. Securities and Exchange Commission
Litigation Release No. 17802 / October 23, 2002
, Civil Action Number 1 02-CV-426 (N.D. Ga.)
Order Setting Disgorgement, Prejudgment Interest and Civil Penalties Issued
Against Georgia Investment Adviser and Its Controlling Shareholder as a
Result of Fraudulent Activities, and Order Setting Disgorgement and
Prejudgment Interest Issued Against Relief Defendant
The Securities and Exchange Commission ("Commission") announced today
that on October 16, 2002, the Honorable Robert L. Vining of the United
States District Court for the Northern District of Georgia issued an
order setting disgorgement, prejudgment interest and civil penalties
against defendants John Raymond Linney Clain ("Clain") and his
investment adviser firm, Saint James Asset Management, Inc. ("St.
James"), both of Alpharetta, Georgia, and ordered disgorgement and
prejudgment interest against relief defendant Clain Family Corporation
("CFC"), a corporation controlled by Clain. In an earlier order, the
Court permanently enjoined permanently enjoined Clain and Saint James
from further violations of Section 17(a) of the Securities Act of
1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule
10b-5 thereunder and Sections 206(1) and 206(2) of the Investment
Advisers Act of 1940. In its recent order, the Court ordered Clain and
St. James to pay disgorgement, jointly and severally in the amount of
$927,000, along with prejudgment interest thereon, ordered Clain and
St. James to pay "third tier" statutory civil penalties in the amounts
of $110,000 and $550,000 respectively. The Court also ordered CFC to
pay disgorgement in the amount of $32,000 along with prejudgment
interest thereon. The Court's Order directed that disgorgement,
prejudgment interest and civil penalties be paid into the registry of
the Court within thirty days from the entry of the Order.
The Commission's complaint alleged that Clain and Saint James obtained
the funds from sixteen clients between January 1998 and October 2000
by misrepresenting that the clients' money would be used to purchase
various securities. Without the clients' knowledge or permission,
Clain used the money primarily to fund the operations for an Augusta,
Georgia company in which Clain had an interest, Alternate Energy
Resources, Inc. The complaint also alleged that Clain used
misappropriated funds to purchase two cars and a diamond ring, and to
pay the mortgage on his house. Clain Family Corporation, which is
controlled by Clain, owns one of the cars. The complaint also alleged
that the defendants' misconduct included providing clients with
materially false and misleading periodic account statements that
represented falsely that they had bought specific securities for the
clients, when in fact they had not.
SNIPPETS:
U.S. Securities and Exchange Commission
Order Setting Disgorgement, Prejudgment Interest and Civil Penalties Issued Against Georgia
The Securities and Exchange Commission announced today that on October 16, 2002, the
y Corporation, a corporation controlled by Clain.
In an earlier order, the Court permanently enjoined permanently enjoined Clain and Saint
In its recent order, the Court ordered Clain and St. James to pay disgorgement, jointly and
The Court also ordered CFC to pay disgorgement in the amount of $32,000 along with
The Commission's complaint alleged that Clain and Saint James obtained the funds from sixteen
The complaint also alleged that Clain used misappropriated funds to purchase two cars and a
Clain Family Corporation, which is controlled by Clain, owns one of the cars.
The complaint also alleged that the defendants' misconduct included providing clients with
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