SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17962/ February 3, 2003
FINAL JUDGMENT ENTERED AGAINST FORMER SALES AGENT OF A BOCA RATON
COMPANY
Securities and Exchange Commission v. Sunstate FX Inc. et al., Case
No. 01-8328-CIV-RYSKAMP (USDC/SD FL)
The Securities and Exchange Commission announced that on January 17,
2003, the United States District Court for the Southern District of
Florida entered a Final Judgment against Relief Defendant Joseph J.
Italiano, a former sales agent for Defendant Sunstate FX, Inc. The
Final Judgment orders him to disgorge $1,370,646.
On April 18, 2001, the Commission initiated this action by filing a
Complaint for Injunctive and Other Relief against Sunstate, and three
principal officers, Ulrich Garbe, Peggy Patterson and John Hyland. The
Commission also filed a Motion for Temporary Restraining Order and
Other Emergency Relief, including an asset freeze (TRO Motion). In
addition, the Commission requested the appointment of a receiver over
Sunstate. The Court granted the TRO Motion, issued a temporary
restraining order barring the Defendants from violating the federal
securities laws, froze their assets, and appointed a receiver. On May
7, 2001, the Commission filed an emergency motion to amend the
Complaint and extend the asset freeze over Relief Defendants, RD
Trading Fund, LLC, FX Consultants, LLC, Rosalie Davis, Charles E.
Davis, Capital Strategies, LLC, Kirk R. Hanson and Joseph Italiano.
The Court also granted that motion. The Court subsequently dismissed
the action against Relief Defendants RD Trading Fund, LLC; FX
Consultants, LLC, Rosalie Davis; and Charles Davis as part of a
settlement agreement with the Commission.
The Amended Complaint alleges that Garbe, Patterson and Hyland,
violated the registration and antifraud provisions of the federal
securities laws by masterminding a scheme to bilk investors out of $54
million. According to the Amended Complaint, Sunstate claimed it would
trade the money on foreign currency markets to make a profit for
investors. In reality, the Defendants traded only a fraction of the
$54 million. Instead, they used the bulk of the money to fund their
extravagant lifestyles and pay exorbitant commissions to their sales
agents. The Amended Complaint alleges that Italiano received investor
funds from Sunstate for his role in selling the fraudulent investment.
See also, Litigation Releases No. 16981 (May 1, 2001) and No. 16942
(January 21, 2003).
SNIPPETS:
FINAL JUDGMENT ENTERED AGAINST FORMER SALES AGENT OF A BOCA RATON COMPANY
Securities and Exchange Commission v. Sunstate FX Inc. et al.,
The Securities and Exchange Commission announced that on January 17, 2003, the United States
The Commission also filed a Motion for Temporary Restraining Order and Other Emergency
the Commission requested the appointment of a receiver over Sunstate.
The Court granted the TRO Motion, issued a temporary restraining order barring the Defendants
On May 7, 2001, the Commission filed an emergency motion to amend the Complaint and extend
The Court subsequently dismissed the action against Relief Defendants RD Trading Fund, LLC;
The Amended Complaint alleges that Garbe, Patterson and Hyland, violated the registration and
Sunstate claimed it would trade the money on foreign currency markets to make a profit for
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