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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 14790 / January 23, 1996
SEC v. JAY DEFOREST MOORE and THE DEFOREST COMPANY, INC. (N.D.
Ohio, 1:95 CV 0331, filed February 13, 1995)
The Securities and Exchange Commission announced that on
January 12, 1996, the United States District Court for the
Northern District of Ohio issued a Final Order and Judgment
(Final Order) against Defendants Jay DeForest Moore (Moore)
and DeForest Company, Inc. (DCI). Moore and DCI consented,
without admitting or denying the allegations in the
Commission's Complaint, to the entry of the Final Order. In
the Final Order, the Court set the amount of disgorgement
owed by the Defendants at $826,021.63, plus interest, but
waived payment of that amount based on the Defendants'
demonstrated inability to pay. The Court previously had
permanently enjoined Moore and DCI from violating the
antifraud provisions of the federal securities laws.
In its Complaint, filed on February 13, 1995, the Commission
alleged that Moore and DCI violated Section 17(a) of the
Securities Act of 1933, Section 10(b) of the Securities
Exchange Act of 1934, Rule 10b-5 promulgated thereunder,
Sections 206(1), (2) and (4) of the Investment Advisers Act
of 1940 and Rule 206(4)-2 promulgated thereunder. The
Commission alleged that Moore misappropriated money from
clients of DCI, a registered investment adviser which Moore
controlled. The Complaint further alleged that Moore
solicited clients of DCI to invest in DeForest Investors
Inc. (DII). The Complaint also stated that Moore did not
provide the investor's money to DII. Instead, Moore
deposited the money into a DCI account and used the money to
pay personal and business expenses and to pay investors who
wished to withdraw money from DII.
On February 13, 1995, without admitting or denying the
allegations in the Complaint, Moore and DCI consented to the
entry of an Order of Permanent Injunction (Injunction
Order). The Injunction Order left open the amount of
disgorgement owed by the defendants. The Final Order set
that disgorgement amount at $826,021.63, and closed the
case.
SNIPPETS:
SEC v. JAY DEFOREST MOORE and THE DEFOREST COMPANY,
The Securities and Exchange Commission announced that on January 12, 1996, the United States
Moore and DCI consented, without admitting or denying the allegations in the Commission's
In the Final Order, the Court set the amount of disgorgement owed by the Defendants at
The Court previously had permanently enjoined Moore and DCI from violating the antifraud
In its Complaint, filed on February 13, 1995, the Commission alleged that Moore and DCI
Exchange Act of 1934, Rule 10b-5 promulgated thereunder, Sections 206, and of the Investment
The Commission alleged that Moore misappropriated money from clients of DCI, a registered
The Complaint further alleged that Moore solicited clients of DCI to invest in DeForest
Moore deposited the money into a DCI account and used the money to pay personal and business
On February 13, 1995, without admitting or denying the allegations in the Complaint, Moore
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