U.S. Securities and Exchange Commission
Washington, D.C.
Litigation Release No. 17941 / January 21, 2003
, Civil Action No. 3 95-CV-0250-G, (USDC/ND/TX)
After ordering defendant Marlen V. Johnson's arrest and incarceration,
United States District Judge A. Joe Fish has assessed civil penalties,
fines and attorney's fees in excess of $290,000 against Johnson for
conduct in contempt of a final judgment signed by Judge Fish in 1996.
On December 9, 2002, Judge Fish signed an Order Setting Additional
Fines and Setting Amount of Attorneys' Fees to be Paid by Marlen V.
Johnson Pursuant to Order of Contempt ("December 9 Order"). The
December 9 Order supplements the Order Holding Defendant Marlen V.
Johnson in Civil Contempt for Failure to Comply with Court Orders,
Granting Sanctions for Contempt and Granting Other Post-Judgment
Relief, entered by the Court on September 24, 2002 ("September 24
Order") (see /September 26, 2002).
Both the September 24 Order and December 9 Order arise from Johnson's
violations of the terms of an Agreed Final Judgment entered by Judge
Fish on April 7, 1996. (USDC/NDTX (Dallas Division), Civil Action No.
3 02-CV-0250-G) The final judgment, entered in a matter charging
Johnson with masterminding a stock-manipulation scheme, barred Johnson
from acting as an officer or director. The judgment also permanently
enjoined Johnson from, among other things, future violations of the
antifraud and reporting provisions of the federal securities laws.
Judge Fish found that Johnson violated the final judgment from at
least October 19, 2001, to the present by acting as an officer and
director of a public company, including, but not limited to, Voyager
Group, Inc., Neoteric, Inc., and R&RX Group, Inc. Judge Fish further
found that Johnson violated the antifraud and reporting provisions of
the final judgment by causing reports to be filed with the Commission
that omitted to disclose material information. Specifically, Forms
10-K and 10-Q that Johnson signed and filed on behalf of Voyager and
Neoteric failed to disclose that Johnson, while acting as president,
secretary and a director of these companies, was nonetheless subject
to the final judgment barring him from acting as an officer or
director. Moreover, Johnson failed to disclose any portion of the 1996
final judgment against him.
Johnson ignored the Court's initial order to show cause and failed to
appear at a contempt hearing held by Judge Fish on September 24, 2002.
Pursuant to the September 24 Order, Judge Fish issued a bench warrant
requiring the arrest and incarceration of Johnson and ordered the
assessment of daily coercive fines until Johnson purged himself of
SNIPPETS:
U.S. Securities and Exchange Commission Washington,
, Civil Action No. 3 95-CV-0250-G, (USDC/ND/TX)
After ordering defendant Marlen V. Johnson's arrest and incarceration, United States District
On December 9, 2002, Judge Fish signed an Order Setting Additional Fines and Setting Amount
The December 9 Order supplements the Order Holding Defendant Marlen V. Johnson in Civil
Relief, entered by the Court on September 24, 2002.
Both the September 24 Order and December 9 Order arise from Johnson's violations of the terms
Civil Action No. 3 02-CV-0250-G)
The final judgment, entered in a matter charging Johnson with masterminding a
The judgment also permanently enjoined Johnson from, among other things, future violations of
Specifically, Forms 10-K and 10-Q that Johnson signed and filed on behalf of Voyager and
Pursuant to the September 24 Order, Judge Fish issued a bench warrant requiring the arrest
Finally, the Court imposed on Johnson a third-tier civil penalty of $120,000 for his failure
Following this hearing, Judge Fish issued the December 9 Order, awarding the Commission
The Court set the amount of the coercive fines against Johnson at $120,000.
Additionally, the Court granted the Commission's request for attorneys' fees in the amount of
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