THOMAS HEYSEK
The Commission announced that on July 6, 2007, and July 19, 2007, the
U.S. District Court for the Southern District of Florida entered Final
Judgments of Permanent Injunction and Other Relief against Defendants
Andrew Kline and Thomas Heysek, respectively. The Final Judgment,
against Kline was entered with his consent and enjoins him from
violations of Section 10(b) and Rule 10b-5 of the Securities Exchange
Act of 1934. It also permanently enjoins Kline from participating in a
penny stock offering. The Court granted summary judgment in favor of
the Commission and against Thomas Heysek permanently enjoining him
from violation of Section 10(b) and Rule 10b-5 of the Exchange Act.
The Court also permanently enjoins Heysek from participating in a
penny stock offering. The Final Judgment against Kline orders him to
pay disgorgement in the amount of $21,000, prejudgment interest of
$2,968.00, but waives the disgorgement and prejudgment interest and
does not impose a civil penalty based on Kline's financial statement
and other information submitted to the Commission. Additionally, the
Court ordered Heysek to pay disgorgement in the amount of $56,000 plus
prejudgment interest in the amount of $7,916.32.
The Commission commenced this action by filing its complaint on Feb.
14, 2005, against Kline and Heysek, among others. [SEC v. Concorde
America, Inc., et al., Civil Action No. 05-80128-CIV-ZLOCH (S.D.
Fla.)] (LR-20404)
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