To: jmhollen who wrote (2603 ) 10/12/1999 3:45:00 PM From: Dee Jay Read Replies (1) | Respond to of 2696
those interested in getting on Stockett's latest train heading towards wealth ought to read the SEC AL Judge's decision in the Hudson Investment Fund/Hudson Management/Hudson Advisors/Stockett matter which included entities Neuropro Nevada (a company that never existed except in Stockett's own words)/IPO/Hightec/Sinclare et al. Here's an excerpt as relates to Stockett's culpability. Following is the reason for the $50,000 fine levied against him. The entire Decision (very lengthy) can be read at:sec.gov and also at:sec.gov "...2. Mr. Stockett is Collaterally Barred Mr. Stockett aided and abetted the Hudson Respondents' violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, Section 34(b) of the Company Act, and Sections 204 and 207 of the Advisers Act and Rule 204-1(b) because: (i) he knew that the Hudson Respondents were violating the Securities laws by not disclosing certain material information; and (ii) he knowingly and substantially assisted in the commission of the violations by concealing information from Mr. Latef and/or by contributing to misinformation disclosed to investors. Honesty is a basic quality required of securities professionals. There are elements of scheming and deception in Mr. Stockett's conduct in this case that cast serious doubt on his ability ever to operate in the securities industry in an honest and forthright manner. His intent, demonstrated in the various business dealings described in the record, was to eventually gain control of the Hudson Fund and use it to manipulate stock prices in companies in which he and his partners held an interest. He had already swept the Hudson Respondents into his web of deceit, but he never consummated the big-money deal that would have triggered his takeover of the Hudson Respondents' business and fostered his potentially massive fraud. It was his relationship with the Hudson Respondents that caused their violations of the securities laws; Mr. Stockett's misconduct was, therefore, the root of the evil in this case. There are no mitigating factors. Mr. Stockett denies any and all wrongdoing and fails to admit or recognize the significance of his activity. There is a substantial likelihood that Mr. Stockett will commit future violations of the securities laws. Over the last decade, Mr.Stockett's sole occupation has involved investors, investing, and seeking out capital. It is also relevant, if not determinative, on the issue of the appropriateness of a sanction in the public interest that Mr. Stockett has a significant disciplinary history in the securities industry. The public interest, therefore, requires the imposition of a harsh sanction against Mr. Stockett. The Division requests that Mr. Stockett be barred from association with any broker, dealer, municipal securities dealer, investment adviser, and investment company. This is commonly referred to as an industry-wide bar or "collateral bar." The Commission recently decided that it had the authority to issue such collateral bars against respondents "in cases where it is contrary to the public interest to allow someone to serve in any capacity in the securities industry." Meyer Blinder, 65 SEC Docket 1970, 1981 (Oct. 1, 1997). Two factors to consider in determining whether a collateral bar is appropriate in the public interest are whether the respondent's "misconduct is of the type that, by its nature, 'flows across' various securities professions and poses a risk of harm to the investing public in any such profession" and "whether the egregiousness of the respondent's misconduct demonstrates the need for a comprehensive response in order to protect the public." Id. In light of the public interest factors cited above, I conclude that it is appropriate to issue a collateral bar against Mr. Stockett. The allegations, findings, and conclusions against Mr. Stockett were made pursuant to the Securities Act, Exchange Act, Advisers Act, and Company Act. Mr. Stockett's activities necessarily "flowed across" the various securities professions and posed a significant risk of harm to the investing public. His conduct was egregious and requires an immediate and comprehensive response in order to protect the public interest...." and... "Applying these criteria, I find that a third tier civil money penalty of $50,000 is appropriate against Mr. Stockett and that no money penalty should be issued against the Hudson Respondents. The Respondents' acts and omissions involved fraudulent and deceitful conduct and posed a significant risk of substantial losses to investors. Mr. Stockett's conduct, however, exhibited a higher level of scienter and egregiousness.The evidence is that Mr. Stockett intended to continue and expand his course of fraudulent and manipulative conduct. He has been disciplined by three government bodies for prior violative conduct and has, generally, demonstrated a reckless disregard of regulatory requirements. It is overwhelmingly likely that Mr. Stockett will violate the securities laws in the future, which emphasizes the need to deter him from doing so. I do not believe, however, that the Hudson Respondents should receive a civil money penalty. The public interest discussion above, with respect to Mr. Latef, is relevant in this analysis. Particularly important is that none of the Hudson Respondents were unjustly enriched, and that investors lost little or no money. I also consider the Hudson Respondents' level of scienter and their willingness to work with the Commission as mitigating factors. Further, I believe that a money penalty against the Hudson Respondents, in addition to the sanctions already ordered against them, would be excessive and not in the public interest..."(emphasis supplied by me throughout) For some reason the SEC published this a 2nd time on 10/6/99 as well as in April...I consider its republication fortuitous and timely given certain of the remarks made about Sinclare and Hightec's prices and how they might have been affected. Read between the lines in that sentence or, better yet, read the Decision itself. Dee Jay