Securities and Exchange Commission
Litigation Release No. 17942 / January 21, 2003
Final Judgment Setting Disgorgement and Imposing Civil Penalties against
Principals of a Boca Raton Company
, Case No. 01-8328-CIV-RYSKAMP (USDC/SD FL)
The Securities and Exchange Commission announced that on January 10,
2003, the United States District Court for the Southern District of
Florida entered a Final Judgment Setting Disgorgement and Imposing
Civil Penalties ("Final Judgment"), against Defendants Ulrich Garbe,
Peggy Patterson and John Hyland, formerly principals of Sunstate FX,
Inc. ("Sunstate"), a company purportedly in the business of trading
foreign currency. The Final Judgment orders Garbe to pay $710,287.96
in disgorgement, $76,712.75 in prejudgment interest and a civil
penalty of $120,000. Patterson is ordered to pay $228,374.09 in
disgorgement, $24,665.93 in prejudgment interest and a civil penalty
of $60,000. Hyland is ordered to pay $124,670.24 in disgorgement,
prejudgment interest in the amount of $13,464.667 and a civil penalty
of $60,000. The Final Judgment also provides for the dismissal of
disgorgement and civil penalties against Sunstate as the company is no
longer in operation.
The Court had previously entered, with the defendants' consent, Final
Judgments of Permanent Injunction and Other Relief ("Judgments") on
the following dates Sunstate on July 10, 2001, Patterson on July 26,
2001, Hyland on October 18, 2001 and Garbe on February 26, 2002. The
Judgments permanently enjoin Sunstate, Garbe and Hyland from violating
Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 and
Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act")
and Rule 10b-5 thereunder. The Judgments further enjoin Patterson from
violating Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.
On April 18, 2001, the SEC filed an emergency action against Sunstate,
Garbe, Patterson, and Hyland seeking to enjoin them from continuing to
violate the federal securities laws in connection with their ongoing,
fraudulent, unregistered offer and sale of securities. The complaint
alleged that Sunstate had raised over $54 million from approximately
160 investors, but that only 20% of these funds were actually used for
foreign currency trading, and even these funds were only used for
trading for a few short months. Instead, according to the complaint,
Garbe, Patterson and Hyland misappropriated at least $2.9 million in
investor funds for their own personal use, including the purchase of
luxurious homes, cars and other personal items. In addition, the
complaint alleged that, unbeknownst to investors, Sunstate paid its
sales agents commissions totaling at least $10.6 million --
SNIPPETS:
Final Judgment Setting Disgorgement and Imposing Civil Penalties against Principals of a Boca
The Securities and Exchange Commission announced that on January 10, 2003, the United States
The Final Judgment orders Garbe to pay $710,287.96 in disgorgement, $76,712.75 in prejudgment
The Final Judgment also provides for the dismissal of disgorgement and civil penalties
The Court had previously entered, with the defendants' consent, Final Judgments of Permanent
The Judgments permanently enjoin Sunstate, Garbe and Hyland from violating Sections 5, 5, and
The Judgments further enjoin Patterson from violating Section 10of the Exchange Act and Rule
On April 18, 2001, the SEC filed an emergency action against Sunstate, Garbe, Patterson, and
The complaint alleged that Sunstate had raised over $54 million from approximately 160
Instead, according to the complaint, Garbe, Patterson and Hyland misappropriated at least
In addition, the complaint alleged that, unbeknownst to investors, Sunstate paid its sales
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