UNITED STATES SECURITIES AND EXCHANGE COMMISSION
BOSTON, MASSACHUSETTS
Litigation Rel. No. 17957 / January 29, 2003
Court Issues Permanent Injunction Against Attorney Mary Lee Capalbo in
Connection with Fraudulent Offering Scheme
The Commission announced that on January 27, 2003, a Rhode Island
federal court entered a default judgment imposing a permanent
injunction against Mary Lee Capalbo, a Rhode Island attorney who
participated in a fraudulent offering scheme that raised at least $52
million from investors. In addition to being permanently enjoined from
future violations of the federal securities laws, Capalbo was ordered
to pay over $19 million in disgorgement, prejudgment interest, and
penalties.
The Commission filed its action against Capalbo and eight other
defendants and a relief defendant on April 1, 2002, alleging that
individuals associated with an entity known as Brite Business
Corporation made fraudulent representations to investors, promising
exorbitant returns through a high yield trading program. According to
the Commission's complaint, most of the Brite Business investor funds
were maintained in a brokerage account at the Cranston, Rhode Island
office of Raymond James Financial Services, where Capalbo's husband,
Dennis Herula, worked as a broker. The complaint alleges that, between
1999 and 2001, Capalbo, Herula and others associated with Brite
Business misappropriated, transferred or lost approximately $20
million in investor funds.
On April 3, 2002, the federal court in Rhode Island entered a
temporary restraining order and asset freeze against Capalbo, and on
May 8, 2002, the court entered a written preliminary injunction
against her. The court entered the final judgment by default against
Capalbo on January 27, 2003, permanently enjoining her from future
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). Capalbo
was also ordered to pay disgorgement of $16,708,520.83, plus
prejudgment interest of $2,583,581.31, for total disgorgement
liability of $19,292,102.14. She was also assessed a $250,000 civil
monetary penalty.
In its memorandum and order, the court found that Capalbo used her
status as an attorney to perpetrate fraud against investors. According
to the court, Capalbo allowed her status as an attorney to be used to
attract investor funds, lied to investors about the status of their
funds, and then spent investor money on luxury items for herself, such
SNIPPETS:
The Commission announced that on January 27, 2003, a Rhode Island federal court entered a
In addition to being permanently enjoined from future violations of the federal securities
The Commission filed its action against Capalbo and eight other defendants and a relief
According to the Commission's complaint, most of the Brite Business investor funds were
On April 3, 2002, the federal court in Rhode Island entered a temporary restraining order and
The court entered the final judgment by default against Capalbo on January 27, 2003,
For further information, please see Litigation Release Numbers;;.
|