U.S. Securities and Exchange Commission
Litigation Release No. 18363 / September 25, 2003.
, Civil Action No. 03-22524-CIV-Jordan/Brown (S.D. Florida, filed September
25, 2003).
SEC Charges Three Miami Bankers With Fraud
The United States Securities and Exchange Commission ("SEC") announced
today that it filed a federal civil action charging Eduardo A.
Masferrer ("Masferrer"), Juan Carlos Bernacé ("Bernacé") and John M.R.
Jacobs ("Jacobs") with securities fraud. Masferrer, Bernacé and Jacobs
were officers of Hamilton Bancorp, Inc. ("Hamilton"), the
publicly-traded holding company for Hamilton Bank, N.A. ("Hamilton
Bank"), a Miami-based former national bank.
Specifically, Masferrer was the president, chief executive officer and
chairman of Hamilton, Bernacé was its executive vice president and a
director, and Jacobs was its senior vice president and chief financial
officer.
According to the complaint, the SEC alleges that Hamilton Bank,
through Masferrer, Bernacé and Jacobs, engaged in a series of
manipulative exchange transactions designed to fraudulently allow the
bank to hide tremendous losses associated with severely impaired
foreign investments. The SEC alleges that, as a result of these
transactions, which took place during the period of about September
1998 and September 1999, Hamilton materially overstated its income and
other financial results in periodic filings made with the Commission
and in press releases issued to the public. Moreover, Hamilton is
alleged to have failed to make and keep books, records and accounts,
and to devise and maintain a system of internal controls as required
by the federal securities laws.
The SEC's complaint alleges that, as a result of the conduct described
above, Masferrer, Bernacé and Jacobs violated Section 10(b) of the
Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5
thereunder, and aided and abetted Hamilton's violations of Sections
13(a), 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act and Rules
12b-20, 13a-1 and 13a-13 thereunder. The complaint further alleges
that Bernacé and Jacobs violated, in addition to the above provisions,
Rule 13b2-2 promulgated under the Exchange Act. The SEC seeks
permanent injunctions, officer and director bars, disgorgement of
ill-gotten gains plus prejudgment interest and the imposition of civil
money penalties against Masferrer, Bernacé and Jacobs.
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SNIPPETS:
U.S. Securities and Exchange Commission
Civil Action No. 03-22524-CIV-Jordan/Brown (S.D.
SEC Charges Three Miami Bankers With Fraud
Masferrer, Bernacé and Jacobs were officers of Hamilton Bancorp, Inc., the publicly-traded
Specifically, Masferrer was the president, chief executive officer and chairman of Hamilton,
According to the complaint, the SEC alleges that Hamilton Bank, through Masferrer, Bernacé
Moreover, Hamilton is alleged to have failed to make and keep books, records and accounts,
The SEC's complaint alleges that, as a result of the conduct described above, Masferrer,
The complaint further alleges that Bernacé and Jacobs violated, in addition to the above
The SEC seeks permanent injunctions, officer and director bars, disgorgement of ill-gotten
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