![]() |
|
|
|
| | | |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
SEC LITIGATION RELEASE
|
EXTRACTED KEY WORDS
ACCOUNTS BROKERAGE PARK SOUTH INVESTMENT EBERHARD DEFENDANTS COMMISSION SECURITIES SOUTHERN DISTRICT ASSETS CUSTOMER FUNDS STONE HOUSE LOOTING SECURITIES FRAUD YORK COURT UNITED STATES MISREPRESENTATIONS TRANSFERS RECEIVER COMPLAINT INVESTMENT ADVISER FIRMS TODD LITIGATION MATTER COOPERATION ASSISTANCE PENDING |
Securities and Exchange Commission
Litigation Release No. 17969 / February 5, 2003
SEC Charges Broker Todd Eberhard, and His Firms, With Securities Fraud and
Looting of Customer Brokerage Accounts
(S.D.N.Y. Civ. 03 CV 813 (RJB))
The Commission announced today that it filed an emergency action this
morning charging securities fraud, including looting of customer
brokerage accounts, against broker and television investment
personality Todd M. Eberhard and his brokerage and investment advisory
firms, Park South Securities, LLC ("Park South"), a registered
broker-dealer and registered investment adviser, and Eberhard
Investment Associates, Inc. ("EIA"), an investment adviser that was
not registered with the Commission. The complaint also names Stone
House Capital Partners LP ("Stone House"), a Park South affiliated
hedge fund, as a relief defendant that received transfers of Park
South customer funds at Eberhard's direction.
The complaint alleges that Eberhard and his companies systematically
concealed substantial losses in customer accounts by, among other
things, issuing phony customer account statements and making other
material misrepresentations about the value of the accounts. The
defendants also misappropriated customer funds by moving assets back
and forth between the accounts of unrelated customers without
knowledge or authority of the customers, and by making unauthorized
wire transfers out of customer accounts - essentially looting the
accounts. The fraud was ongoing defendants continued to misrepresent
the value of customer account balances as recently as last week.
Upon the Commission's application, the United States District Court
for the Southern District of New York today entered a temporary
restraining order and an order freezing the assets of Eberhard and his
entities as well as assets of Stone House that are traceable to
Eberhard's customers. The Court also appointed a receiver for Park
South and EIA and ordered an immediate verified accounting from all
defendants and expedited discovery. The litigation is pending.
The Commission would like to thank the United States Attorney's Office
for the Southern District of New York for its assistance and
cooperation in this matter.
_________________________________________________________________
Modified 02/05/2003
SNIPPETS:
|
| | | |