U.S. Securities & Exchange Commission
Litigation Release No. 18072 / April 4, 2003
Court Grants Summary Judgment against Defendant Carol Martino for Illegal
Brokerage Activities and Market Manipulation; Orders Martino to Disgorge
$4.416 Million, and Orders Her Husband to Turn Over a $2 Million Yacht
Purchased with Proceeds of Martino's Illegal Brokerage Activities
, 98 Civ. 3446 (S.D.N.Y.)
By Order dated April 4, 2003, U.S. District Judge Milton Pollack
granted summary judgment in favor of the Commission and against
defendant Carol C. Martino and her former stock brokerage firm (CMA
Noel, Ltd.), holding them liable for engaging in illegal brokerage
activities during the period 1992 through 1995, and further holding
Martino liable for engaging in a 1993 scheme to manipulate the stock
price of RMS Titanic, Inc. (a company that attempted to salvage
artifacts from the sunken ocean liner). The Court awarded the
Commission disgorgement of Martino's illegal brokerage revenues
($4.416 million), plus prejudgement interest of $3,386,842.92, and
other equitable relief. The Court further ordered Martino's husband,
relief defendant Gerard Haryman, and his company, defendant JTM Ltd.,
to turn over to a court-appointed receiver a $2 million luxury yacht
that Martino had purchased with proceeds of her illegal brokerage
activities. The Court granted summary judgment following a hearing on
the matter held on March 17, 2003.
The Commission sued Martino and CMA in May 1998 for repeated
violations of a 1992 Commission order that barred Martino from acting
as a stock broker, and for engaging in such activities without
registering as a broker with the Commission (in violation of the
federal securities laws). The Commission had barred Martino based upon
her prior fraudulent activities as Executive Vice President of
Wellshire Securities, Inc., a retail brokerage firm. In its April 2
ruling, the Court found that, from 1992 through 1995, Martino
"willfully violated the Bar Order" by illegally brokering millions of
dollars in sales of stock by several U.S. companies to foreign
purchasers. The Court further found that Martino thus accumulated
illegal brokerage commissions and fees totaling at least $4.416
million. The Court ordered Martino to disgorge that sum to the
Commission, plus prejudgment interest on that amount (accrued from
December 31, 1995 to the present).
The Commission further charged Martino with engaging in a scheme
(along with defendant Paul Montle) to manipulate the stock price of
RMS Titanic, Inc., one of Martino's U.S. brokerage clients. The Court
found that Martino and others employed several manipulative devices to
SNIPPETS:
U.S. Securities & Exchange Commission
Court Grants Summary Judgment against Defendant Carol Martino for Illegal Brokerage
By Order dated April 4, 2003, U.S. District Judge Milton Pollack granted summary judgment in
The Court further ordered Martino's husband, relief defendant Gerard Haryman, and his
The Commission sued Martino and CMA in May 1998 for repeated violations of a 1992 Commission
In its April 2 ruling, the Court found that, from 1992 through 1995, Martino "willfully
The Court ordered Martino to disgorge that sum to the Commission, plus prejudgment interest
The Commission further charged Martino with engaging in a scheme (along with defendant Paul
The Commission also charged Martino's husband, Gerard Haryman, and his company JTM, Ltd.,
In granting the Commission summary judgment on this charge, the Court found that "Martino
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