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SEC LITIGATION RELEASE
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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
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