Securities and Exchange Commission
Litigation Release No. 18353 / September 17, 2003
SEC Obtains Preliminary Injunctive Relief Against Tecumseh Holdings
Corporation and Affiliates
Securities and Exchange Commission v. Tecumseh Holdings Corporation,
Tecumseh Tradevest LLC, S.B. Cantor & Co., Inc., John L. Milling, Gerard A.
McCallion, Anthony M. Palovchik and Dale Carone, Defendants, and Tecumseh
Alpha Fund LP, Tecumseh Alpha LLC, and Stracq, Inc., Relief Defendants,
Civil Action No. 03 Civ. 5490 (SAS) (S.D.N.Y., filed July 24, 2003)
At a hearing on August 22, 2003, the U.S. District Court for the
Southern District of New York granted the Securities and Exchange
Commission's application for a preliminary injunction and other relief
against Tecumseh Holdings Corporation ("Tecumseh"), Tecumseh Tradevest
LLC ("Tradevest"), S.B.Cantor & Co., Inc. ("Cantor"), and John L.
Milling ("Milling"). The defendants filed no opposition to the
Commission's motion and ultimately consented to the relief. Entered on
September 5, 2003, the court's order continues in place various forms
of interim relief initially ordered by the court on July 25, 2003,
when the court granted the Commission's application for a temporary
restraining order and other relief to halt the fraud perpetrated by
Tecumseh and the other defendants. Among other things, the court's
September 5, 2003 order preliminarily enjoins (a) Tecumseh, Tradevest,
Cantor and Milling from committing future violations of the
registration provisions, Sections 5(a) and 5(c) of the Securities Act
of 1933 ("Securities Act"); (b) Tecumseh, Tradevest and Milling from
future violations of the antifraud provisions, Section 17(a) of the
Securities Act and Section 10(b) of the Securities Exchange Act of
1934 ("Exchange Act") and Rule 10b-5 thereunder; (c) Cantor from
future violations of the broker-dealer books and records provisions,
Section 17(a) of the Exchange Act and Rules 17a-3 and 17a-4
thereunder; and (d) Milling from aiding and abetting future violations
of the broker-dealer books and records provisions, Section 17(a) of
the Exchange Act and Rules 17a-3 and 17a-4 thereunder. The order also
(a) continues a freeze over the assets of those defendants and relief
defendants Tecumseh Alpha Fund LP ("Alpha Fund") and Tecumseh Alpha
LLC ("Alpha LLC"); and (b) keeps in place Loretta E. Lynch as the
court-appointed receiver for Tecumseh, Tradevest, and Cantor. At the
request of defendant Milling, the order also imposes a limited stay of
discovery and stays defendants' time to respond to the Commission's
complaint pending resolution of a criminal investigation. The order
allows the Commission, however, to take third-party discovery
notwithstanding the stay.
The Commission's complaint, filed on July 24, 2003, alleges that,
SNIPPETS:
Securities and Exchange Commission
SEC Obtains Preliminary Injunctive Relief Against Tecumseh Holdings Corporation and Affiliates
Securities and Exchange Commission v. Tecumseh Holdings Corporation, Tecumseh Tradevest LLC,
At a hearing on August 22, 2003, the U.S. District Court for the Southern District of New
Commission's application for a preliminary injunction and other relief against Tecumseh
Entered on September 5, 2003, the court's order continues in place various forms of interim
Among other things, the court's September 5, 2003 order preliminarily enjoins Tecumseh,
s provisions, Section 17of the Exchange Act and Rules 17a-3 and 17a-4 thereunder; and Milling from
The order also continues a freeze over the assets of those defendants and relief defendants
At the request of defendant Milling, the order also imposes a limited stay of discovery and
Tradevest and Milling induced investors to acquire securities of Tecumseh and Tradevest by
Through offering memoranda and other materials, these defendants touted false and misleading
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