Brokerage To Settle Civil Suit
Nov. 11, 1998
WASHINGTON (AP) _ A brokerage firm and its former president, who pleaded guilty to cheating investors out of more than $100 million by manipulating stock offerings, have agreed to settle civil charges by federal regulators.
The Securities and Exchange Commission announced the settlements Tuesday with Sterling Foster & Co., a now-defunct brokerage that specialized in small-company stocks, and its president Adam Lieberman.
On Monday, federal prosecutors in New York City said Lieberman and two other men involved in the scheme had pleaded guilty in the criminal case earlier this year.
Sterling Foster, which was based in Melville, N.Y., and Lieberman agreed to pay $11.5 million in restitution plus proceeds from the sale of assets turned over to the government. Lieberman and the firm also agreed to refrain from future violations of the securities laws.
In a related action Monday, the former owner of another defunct brokerage, Rooney Pace Inc., was indicted on charges he orchestrated the fraudulent scheme by Sterling Foster.
Randolph Pace, who prosecutors say secretly controlled Sterling Foster, was charged with securities fraud, conspiracy and making false statements in the 15-count indictment filed in federal court in New York City.
Also indicted was Alan Novich, an attorney and former dentist, who allegedly was one of Pace's co-conspirators.
Sterling Foster itself isn't named as a defendant in the criminal indictment, but prosecutors said their investigation is continuing.
The two others who pleaded guilty in the criminal case were Michael Krasnoff, the former president and chief executive of PDK Labs Inc., and Michael Lulkin, PDK Labs' general counsel and former chairman of Embryo Development Corp. _ one of the six companies whose initial public offerings prosecutors say were manipulated by Pace and his cohorts.
The SEC said Tuesday it had filed a civil suit against Krasnoff and Lulkin and their companies, alleging that they fraudulently obtained more than $8.6 million by participating in the scheme.
The agency is seeking unspecified restitution and civil penalties and permanent injunctions against the men and their companies.