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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
ACCOUNTS INVESTMENT ADVISER COMMISSION COMPLAINT TRADES SECURITIES PROFIT-SHARING CLIENTS CIVIL UNITED STATES COURT ALLOCATION CRIMINAL COMPLAINT PERSONAL ACCOUNTS EXCHANGE COMMISSION FRAUD ALLEGE FRAUDULENT SCHEME VIOLATIONS UNITED STATES DISTRICT LOS ANGELES CHARGE PENALTY WEST HOLLYWOOD EXECUTING SHARES SALOMON SMITH BARNEY DISPARITY |
U.S. Securities and Exchange Commission
Litigation Release No. 18386 / October 2, 2003
, Civil Action No. LACV 03-7012 MMM (PJWx) (C.D. Cal.))
The United States Securities and Exchange Commission ("Commission")
filed a civil complaint this morning in United States District Court
in Los Angeles charging Paul Joseph Sheehan ("Sheehan") with
securities fraud and investment adviser fraud. Sheehan allegedly
carried out a fraudulent "trade allocation" scheme known as
"cherry-picking." Separately from the Commission's action, Sheehan was
arrested this morning by FBI agents on a charge of investment advisory
fraud.
The Commission's action and the criminal case allege that Sheehan
fraudulently allocated profitable securities trades to his own
personal accounts at the expense of his clients' accounts. From at
least April 1999 until September 2000, Sheehan "cherry-picked" at
least $7.4 million in profitable day trades for himself and thereby
stole economic opportunities that rightfully belonged to his clients.
Sheehan, 64, of West Hollywood, an investment adviser formerly
registered with the Commission, operated Paul J. Sheehan & Associates
in West Hollywood until early 2003. Sheehan provided investment
management services to individuals, pension and profit-sharing plans,
trusts, estates, charitable organizations, and corporations.
In the criminal complaint that was filed late yesterday, also in
United States District Court in Los Angeles, Sheehan was charged with
one count of fraud by an investment adviser. These charges carry a
maximum penalty of 5 years imprisonment and a fine of $250,000.
Sheehan is expected to make his initial court appearance this
afternoon in federal court in Los Angeles.
The Commission's civil complaint and the criminal complaint filed by
the United States Attorney's Office allege that Sheehan implemented
the fraudulent scheme by calling in trades to executing brokers
without designating whether the trades were for his own personal
accounts or the accounts of his clients. After the trades were
executed, the shares or trade proceeds were allocated to an account at
Salomon Smith Barney. Sheehan did not instruct Salomon Smith Barney to
which particular client account or personal account the shares were to
be allocated until the end of the trading day, by which time Sheehan
knew whether or not a day trade had been profitable.
According to an affidavit in support of the criminal complaint,
Sheehan's scheme was detected by a Commission accountant during an
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