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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
COMMISSION CLARKE EXCHANGE ACT VIOLATING FIRM SECURITIES RECORDS PROVISIONS TEMPORARY RESTRAINING ORDER CUSTOMER PROTECTION ACCOUNT BROKER-DEALER BOOKS PROHIBITING PERMANENT INJUNCTIONS FEDERAL SECURITIES LAWS DENVER DISTRICT MONEY MARKET ACCOUNT LOSSES TRADING ANTIFRAUD CHARGED CLARKE LIQUIDATE TRUSTEE MOTION ASSET FREEZE INVESTMENTS COLORADO CIVIL PENALTIES DISGORGEMENT PLUS PREJUDGMENT |
U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17976 / February 10, 2003
No. 03-MK-0228 (District of Colorado)
On February 5, 2003, The Securities and Exchange Commission filed an
action in the United States District Court for the District of
Colorado against Rocky Mountain Securities & Investments, Inc. ("Rocky
Mountain"), a brokerage firm headquartered in Denver, and Judith L.
Clarke, a Denver resident and former employee of Rocky Mountain. Rocky
Mountain ceased business on February 3, 2003, due to a multi-million
dollar net capital deficiency. The Commission alleged that Rocky
Mountain violated the net capital and customer protection provisions
of the federal securities laws contained in Section 15(c)(3)(a) of the
Securities Exchange Act of 1934 ("Exchange Act") and Rules 15c3-1 and
15c3-3. The Commission also alleged that Rocky Mountain violated the
broker-dealer books and record provisions of the Exchange Act
contained in Section 17(a) of the Exchange Act and Rule 17a-3. In this
action, the Commission sought a temporary restraining order and asset
freeze against the firm, as well as preliminary and permanent
injunctions. In addition, the Commission filed a joint motion with the
Securities Investor Protection Corporation ("SIPC"), which filed a
separate action, to have a trustee appointed to liquidate the firm.
In the action the Commission also charged Clarke with aiding and
abetting Rocky Mountain's violations of the net capital, customer
protection and books and records provisions. The Commission also
charged Clarke with violating the antifraud provisions of the Exchange
Act contained in Section 10(b) of the Exchange Act and Rule 10b-5. The
Commission alleged that Clarke had traded equities for Rocky Mountain
in an account at the firm and allegedly incurred significant trading
losses, which she attempted to conceal from the firm by creating false
trading records. To pay the debts owed by Rocky Mountain as the result
of the losses, Clarke allegedly used almost the entire $4.5 million
balance of a money market account in Rocky Mountain's name. This money
market account had contained cash belonging to Rocky Mountain's retail
customers. The Commission sought against Clarke a temporary
restraining order, asset freeze and an order to provide an accounting,
as well as preliminary and permanent injunctions, disgorgement plus
prejudgment interest and civil penalties.
On February 7, 2003, a temporary restraining order was entered against
Rocky Mountain prohibiting the firm from violating the net capital,
customer protection and broker-dealer books and records provisions the
firm was alleged to have violated in the complaint. In addition, John
D. Shively of the law firm Fagre & Benson in Denver was appointed to
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