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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
BOGDONOFF TRUST COMPLAINT COMMISSION INVESTMENT ADVISER WELLNESS SECURITIES DISTRICT ALLEGES VIOLATING EXCHANGE COMMISSION DISTRICT COURT CIVIL TRUST FUND ADVISERS ACT NORTHERN DISTRICT CALIFORNIA GOVERNMENT TONGA FEES TRUSTEES RISK CHARGES WELLNESS AIDING ABETTING THEREUNDER COURT ORDER DIRECTING DISGORGE RECEIVED RELATING |
U.S. Securities and Exchange Commission
Litigation Release No. 18375 / September 29, 2003
, United States District Court for the Northern District of California,
Civil Action, No. C-03-4384-MJJ
SEC Sues Investment Adviser And Its Principal For Misrepresentations That
Caused Tongan Government To Lose Over $24.5 Million
The Securities and Exchange Commission ("SEC") today announced the
filing of a civil injunctive action in the federal district court for
the Northern District of California against Wellness Technologies,
Inc. ("Wellness"), a former investment adviser and its sole principal,
Jesse Dean Bogdonoff ("Bogdonoff") for defrauding the Tonga Trust Fund
("Trust"), a trust fund established by the government of Tonga. The
SEC's complaint alleges that from June 1999 to November 2001, Wellness
and Bogdonoff fraudulently induced the Trust to invest $24.5 million
in three highly speculative and unsuitable investments. As a result of
the fraud, the Trust has lost substantially all of its investment. The
adviser received at least $2 million in commissions from the companies
whose securities he recommended, as well as $540,000 in advisory fees
from the Trust.
According to the complaint, Bogdonoff recommended that the Trust
invest $20 million with a newly established company that sold
investments in viatical contracts, which are agreements to purchase
the benefits of life insurance policies insuring terminally ill or
very elderly persons. Bogdonoff falsely told the trustees that this
investment carried "no market risk," despite the risk that the Trust
could lose all of its investment held by the thinly capitalized
company. The complaint also alleged that Bogdonoff recommended that
the Trust invest $4 million dollars and $500,000, respectively, in two
private companies that Bogdonoff knew were struggling to stay solvent.
The complaint further alleges that Bogdonoff falsely reported to the
trustees on several occasions that all three investments were
increasing in value, when in fact, the investments were failing or
stagnant.
The SEC's complaint alleged that by November 2001, the investments
collapsed or defaulted without returning any of the Trust's investment
funds.
The complaint charges Wellness with violating Sections 206(1) and
206(2) of the Investment Advisers Act of 1940 ("Advisers Act") and
Bogdonoff with aiding and abetting those violations; it also charges
Wellness and Bogdonoff with violating Section 10(b) of the Exchange
Act of 1934 and Rule 10b-5 thereunder. The Commission seeks a court
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