Thursday, January 13, 2011 11:07:48 AM
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 15610 / January 6, 1998
SECURITIES AND EXCHANGE COMMISSION v. KINLAW SECURITIES CORP., et al.,
3:93-CV-2010-T, USDC, ND/TX (Dallas Division)
The Securities and Exchange Commission ("Commission") announced that
Final Judgments of Permanent Injunction and Other Equitable Relief were
entered in United States District Court in Dallas, Texas, against Dyke
Ferrell and Bret L. Boteler on December 18, 1997, and against James B.
Boswell and Cecil E. Glass III on December 23, 1997, enjoining them from
future violations of the federal securities laws. The defendants consented
to the entry of the final judgments without admitting or denying the
allegations contained in the Commission's First Amended Complaint. All the
defendants are former sales representatives of the now defunct Kinlaw
Securities Corporation, a broker dealer formerly registered with the
Commission which offered and sold securities in the form of investment
contracts involving interests in oil and gas drilling ventures.
The Commission's First Amended Complaint alleged that in the offer and
sale of the oil and gas drilling ventures, the defendants made material
misrepresentations and omissions of material fact concerning, among other
things, the risks and expected returns associated with the oil and gas
investments, the costs to drill and complete oil and gas wells, and the
success of prior oil and gas wells, all in violation of Sections 5(a), 5(c)
and 17(a) of the Securities Act of 1933, and Section 10(b) of the
Securities Exchange Act of 1934, and Rule 10b-5 thereunder.
The court also ordered the defendants to pay disgorgement in the
following amounts: 1) Ferrell - $412,500, plus prejudgment interest of
$244,077; 2) Boteler - $297,536 plus prejudgment interest of $185,061; 3)
Boswell - $1,243,000 plus prejudgment interest of $56,564; and 4) Glass -
$1,142,658 plus prejudgment interest of $51,998.
Based on their demonstrated financial inability to pay, the full
disgorgement amounts for Boteler and Glass were waived. Payment of all but
$26,000 of Ferrell's disgorgement amount was waived based on his
demonstrated financial inability to pay the full amount, and payment of all
but $1,628 of Boswell's disgorgement was waived based on his demonstrated
financial inability to pay the full amount. Additionally, the court did not
impose civil penalties against the defendants because of their poor
financial condition.
http://www.sec.gov/litigation/litreleases/lr15610.txt
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