UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Rel. No. 17793 / October 18, 2002
Court Issues Preliminary Injunctions and Asset Freezes Against
Claude Lefebvre, Dennis Herula, Mary Lee Capalbo
RMO Assets Management and Watch Hill Capital Management
in Securities Fraud Case
(United States District Court for the Northern District of California,
No. C 02-3704 SBA, filed July 31, 2002)
The Commission announced today that it has obtained preliminary
injunctions and asset freezes in a civil fraud action filed against
Claude Lefebvre, a purported bond trader, Dennis Herula, a former
Rhode Island broker, Mary Lee Capalbo, Herula's wife, and others in
connection with a fraudulent scheme that raised $40 million from
investors during July 2002. The Commission filed its action on July
31, 2002, and a California federal court entered temporary restraining
orders and asset freezes against the defendants on August 1. The court
orally entered preliminary injunctions and asset freezes against
Lefebvre and RMO Assets Management during an October 1 hearing, and
issued a written preliminary injunction and asset freeze order against
Herula, Capalbo and Watch Hill Capital Management on October 15.
The Commission alleged in its complaint that Lefebvre, acting through
RMO Assets Management and Watch Hill Capital Management, falsely
promised investors exorbitant returns, such as a 100% return per week,
through a fraudulent prime bank trading program. The Commission's
complaint alleged that Herula aided and abetted Lefebvre's violations
of the federal securities laws, and named Capalbo as a relief
defendant on the grounds that she received at least $3 million of
investor funds to which she had no legitimate claim. The complaint
further alleged that, in the span of several weeks in July 2002,
Lefebvre, Herula, and Capalbo spent at least $4 million in investor
funds on personal and luxury items such as cars, jewelry, and large
hotel bills.
The court entered preliminary injunctions against Lefebvre, RMO Assets
Management, Herula, Capalbo and Watch Hill Capital Management,
prohibiting them from committing further 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). Although the Commission
charged Capalbo as a relief defendant, the court nonetheless found
that the Commission made a substantial showing that Capalbo aided and
abetted the securities laws violations alleged in the case, and
applied the preliminary injunction to Capalbo as well. The court also
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Court Issues Preliminary Injunctions and Asset Freezes Against
Claude Lefebvre, Dennis Herula, Mary Lee Capalbo
RMO Assets Management and Watch Hill Capital Management
in Securities Fraud Case
The Commission filed its action on July 31, 2002, and a California federal court entered
The court orally entered preliminary injunctions and asset freezes against Lefebvre and RMO
The Commission alleged in its complaint that Lefebvre, acting through RMO Assets Management
The Commission's complaint alleged that Herula aided and abetted Lefebvre's violations of the
For further information, please see, (civil contempt charges against Lefebvre and RMO Assets
(separate action filed in federal district court in Rhode Island alleging similar fraudulent
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