United States Securities and Exchange Commission
Boston, Massachusetts
Litigation Rel. No. 17800 / October 23, 2002
Court Issues Permanent Injunction Against Former Broker Dennis Herula in
Connection with Fraudulent Offering Scheme
The Commission announced that it has obtained a permanent injunction
in a civil fraud action against Dennis Herula, who participated in a
fraudulent offering scheme that raised at least $52 million from
investors. In addition to being permanently enjoined from future
violations of the federal securities laws, Herula was ordered to pay
disgorgement, plus prejudgment interest, in the total amount of
$18,941,665.63, and was assessed a $250,000 civil monetary penalty.
The Commission filed its action against Herula and eight other
defendants and a relief defendant on April 1, 2002, alleging that
individuals associated with an entity formerly known as Brite Business
Corporation made fraudulent representations to investors, promising
exorbitant returns through a high yield trading program. According to
the Commission's complaint, most of the Brite Business investor funds
were maintained in a brokerage account at the Cranston, Rhode Island
office of Raymond James Financial Services, where Herula worked as a
broker. The complaint alleges that Herula was the designated
representative for the Brite Business account. The complaint further
alleges that, between 1999 and 2001, Herula and others associated with
Brite Business misappropriated, transferred or lost approximately $20
million in investor funds.
On April 3, 2002, the federal court in Rhode Island entered a
temporary restraining order and asset freeze against Herula, and on
May 8, 2002, the court entered a written preliminary injunction
against him. The court orally granted the Commission's motion for the
entry of final judgment by default against Herula on October 10, 2002,
and issued a written memorandum and order against him on October 17,
2002, permanently enjoining Herula from future violations of the
antifraud provisions of the federal securities laws (Section 17(a) of
the Securities Act of 1933 and Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 thereunder).
In its memorandum and order, the court found that Herula made
intentional misrepresentations to investors, including misrepresenting
the nature of an investment program, its overall risk and the status
of funds. Herula was also found to have sent forged brokerage account
statements to an investor's representative and created false documents
on stationery of a brokerage firm indicating that an account was
frozen when in fact it was never frozen. In addition, the court found
SNIPPETS:
United States Securities and Exchange Commission
The Commission announced that it has obtained a permanent injunction in a civil fraud action
The Commission filed its action against Herula and eight other defendants and a relief
According to the Commission's complaint, most of the Brite Business investor funds were
The complaint further alleges that, between 1999 and 2001, Herula and others associated with
On April 3, 2002, the federal court in Rhode Island entered a temporary restraining order and
The court orally granted the Commission's motion for the entry of final judgment by default
In its memorandum and order, the court found that Herula made intentional misrepresentations
For further information, please see Litigation Release Numbers;;;.
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