LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

SEC v SHARP CAPITAL, INC Click to find out why . . .



Keywords & Phrases
CaseNo: LR-18325, CourtName: DALLAS LAW FIRM AGREES TO PAY $2 MILLION FOR VIOLATING COURT ORDER IN SEC, Defendant: Sharp Capital, Inc., Plaintiff: SEC, State: TX Texas, UniqueCaseRef: SEC>LR-18325, Special Master, Gardere, Gutierrez, Court Order, Sharp, District, Assets, Client, Enforcement Action, Violations, Account, Investors, Securities, Civil, Northern District, Texas, Exchange Commission, Law Firm, Janvey, Concealing, Existence, Trust Account, Disclose, Offshore Bank Account, Appointing, Fees, American, Funds , ContentID: 120255329

Case Documents
1 2003-09-05 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 132619
2 pages
HTML
Total Documents: 1 document , 2 pages
Price: $ 19.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
GARDERE
GUTIERREZ
COURT ORDER
SHARP
LITIGATION
DISTRICT
ASSETS
CLIENT
ENFORCEMENT ACTION
VIOLATIONS
ACCOUNT
INVESTORS
SECURITIES
CIVIL
NORTHERN DISTRICT
TEXAS
EXCHANGE COMMISSION
LAW FIRM
JANVEY
CONCEALING
EXISTENCE
TRUST ACCOUNT
DISCLOSE
OFFSHORE BANK ACCOUNT
APPOINTING
ATTORNEYS
FEES
AMERICAN
FUNDS
U.S. SECURITIES AND EXCHANGE COMMISSION

LITIGATION RELEASE NO. 18325 / September 5, 2003

. Civil Action No. 3 98-CV2792-G (USDC/NDTX/Dallas Division)

 DALLAS LAW FIRM AGREES TO PAY $2 MILLION FOR VIOLATING COURT ORDER IN SEC
                             ENFORCEMENT ACTION

   The Securities and Exchange Commission announced today that Gardere
   Wynne Sewell LLP, a Dallas-based law firm, has agreed to pay $2
   million for alleged violations of a federal court order issued by the
   U.S. District Court for the Northern District of Texas in an SEC
   enforcement action.

   The settlement arises from a civil enforcement action against Sharp
   Capital, Inc. and Mauricio Gutierrez, both of which are former clients
   of Gardere. During the course of the SEC litigation, Gardere failed to
   produce to a court-appointed Special Master, Ralph S. Janvey,
   approximately 42,000 pages of Sharp's records that Gardere maintained
   in its possession; concealed the existence of approximately $148,000,
   which was derived from Sharp's operations and held in a Gardere client
   trust account for the benefit of Gutierrez; and failed to disclose the
   existence of an offshore bank account controlled by Gutierrez and
   which held approximately $450,000 that was derived from Sharp's
   operations.

   The SEC and Special Master contend that Gardere's conduct violated the
   court order appointing Mr. Janvey as Special Master. Pursuant to the
   order, Gardere was required to deliver to the Special Master all of
   Sharp's business records and restrained Gardere from concealing any of
   Sharp's assets.

   In addition to the payment of $2 million, which includes the
   reimbursement of attorneys fees for the Special Master, Judge Barbara
   Lynn ordered Gardere to institute a formal, firm-wide policy and
   procedure regarding future document productions to insure that these
   types of professional lapses do not recur.

   Sharp is a former registered investment adviser that catered to
   Mexican and other Latin American investors. The SEC lawsuit against
   Sharp alleged that the company and Gutierrez lost as much as $80
   million of client funds in highly leveraged investments in speculative
   securities of Eastern European and South American companies without
   client knowledge or authorization.

   In November 1998, the SEC obtained emergency orders from the U.S.
   District Court for the Northern District of Texas freezing Sharp's
SNIPPETS:
  • LITIGATION RELEASE NO. 18325 / September 5,
  • The Securities and Exchange Commission announced today that Gardere Wynne Sewell LLP, a
  • The settlement arises from a civil enforcement action against Sharp Capital, Inc. and
  • During the course of the SEC litigation, Gardere failed to produce to a court-appointed $450,000 that was derived from Sharp's operations.
  • The SEC and Special Master contend that Gardere's conduct violated the court order appointing
  • Gardere was required to deliver to the Special Master all of Sharp's business records and
  • In addition to the payment of $2 million, which includes the reimbursement of attorneys fees
  • The SEC lawsuit against Sharp alleged that the company and Gutierrez lost as much as $80
  • the SEC obtained emergency orders from the U.S. District Court for the Northern District of
  • Gardere also failed to disclose to the Special Master and the SEC that it had unearned legal
  • As a result of Gardere's violations of the court orders, the Special Master's efforts to
  •    |