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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
SECURITIES KICKBACKS YORK LIFE COMMISSION FORMER SUNCOAST TRADES EXCHANGE ZWICK ENCOURAGED BRECKENRIDGE CASH KICKBACKS DAVID TODD TERRENCE FORMER SUNCOAST PRINCIPALS FRAUDULENT PRICES VIOLATIONS UNITED STATES CHARGES FORMER SUNCOAST TRADER KICKBACK SCHEME ALLEGES GIFTS PAYMENTS LOSING OFFICER PAY CASH KICKBACKS ASSISTANCE DEFENDANTS |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 18096 / April 21, 2003
Securities and Exchange Commission v. David A. Zwick, Todd J. Cohen,
and Terrence J. O'Donnell, 03 Civ. 2742 (JGK) (S.D.N.Y.)
SEC CHARGES FORMER SUNCOAST PRINCIPALS AND TRADER WITH SECURITIES
FRAUD FOR PARTICIPATION IN KICKBACK SCHEME
David A. Zwick, Todd J. Cohen, and Terrence J. O'Donnell Charged
The Securities and Exchange Commission today filed a civil enforcement
action charging David A. Zwick and Todd J. Cohen, two former
principals of Suncoast Capital Group, Ltd., and Terrence J. O'Donnell,
a former Suncoast trader, with participation in a fraudulent kickback
scheme. Suncoast was a registered broker-dealer based in Fort
Lauderdale, Florida.
The Commission alleges that Suncoast, through Deborah J. Breckenridge,
a former Suncoast salesperson, received order flow and trades at
favorable prices from Anthony Dong-Yin Shen, an employee of New York
Life Insurance Company, Inc., in exchange for cash kickbacks and
gifts. Shen was responsible for trading in New York Life's proprietary
accounts.
The Commission's Complaint alleges that over a fifteen-month period in
1998 and 1999, Shen directed approximately forty trades totaling
millions of dollars of securities to Suncoast at prices that were
"off-market" or more favorable to Suncoast and detrimental to New York
Life than were otherwise available in the market. In exchange for the
trades, Shen was paid at least $50,800 in cash, and at least $6,400 in
non-cash gifts. Suncoast realized gross profits in excess of
$1,500,000 from the trades.
The Complaint further alleges that
* Former Suncoast principal and compliance officer David A. Zwick
procured, approved, and / or encouraged Breckenridge to give gifts
and cash kickbacks to Shen - including kickbacks disguised as
payments on losing bets -- and knowingly or recklessly approved
fraudulent prices on Suncoast trades with New York Life.
* Former Suncoast principal and trading desk supervisor Todd J.
Cohen encouraged Breckenridge to pay cash kickbacks to Shen
disguised as payments on losing bets, and knowingly or recklessly
approved fraudulent prices on Suncoast trades with New York Life.
* Former Suncoast trader Terrence J. O'Donnell encouraged
Breckenridge to pay cash kickbacks to Shen disguised as payments
on losing bets, and knowingly or recklessly executed most of the
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