Sec. 5(a) (1), (2) and 5(c), 1933 act.

Sec. 17(a), 1933 act.

Sec. 15(c) (3) and rule 15c3-1,
1934 act.

Secs. 5 (a) and (c) and 17(a),
1933 act.

Sec. 5 (a) and (c), 1933 act...

Injunction by consent as to 8 defendants on various dates.
Order entered dismissing motion for preliminary injunc-
tion as to 11 defendants, Mar. 31, 1958. Pending.
Summons and complaint filed Jan. 28, 1959. Temporary
restraining order signed as to 1 defendant, Jan. 30, 1959,
and as to remaining defendants, Feb. 3, 1959. Answers
filed by defendants. Pending.

Complaint filed July 22, 1958. Final judgment by consent
entered July 25, 1958. Closed.

Complaint filed Mar. 18, 1958. Permanent injunction by
consent as to 2 defendants, Mar. 18, 1958. Pending as to
remaining defendant.

Judgment entered Nov. 22, 1957 denying motion for pre-
liminary injunction. Order dismissing action, Sept. 30,
1958. Closed.

Secs. 5(b), 7, 10 and 17(a), Injunction by consent as to 2 defendants, Mar. 17, 1958.
1933 act.
Final judgment by consent as to remaining defendants,
July 18, 1958. Closed.

July 2, 1958 Sec. 5(a) (1) and (2) and 5(c), Complaint filed July 2, 1958. Preliminary injunction
1933 act.

Sec. 5(a) (1) and (c), 1933 act; sec. 7 (a) or (b), IC Act of 1940.

1934 act.

against 1 defendant signed Sept. 11, 1958. Final judg-
ment by consent as to 2 defendants, Sept. 26, 1958. Per-
manent injunction by default as to 1 defendant and dis-
missal without prejudice as to 1 defendant, Pending as
to remaining defendant.

Commission's complaint, seeking temporary and perma-
nent injunction filed June 19, 1956. Final judgment of
USDC DC dismissing the complaint with prejudice,
Sept. 30, 1957. Opinion and judgment of CA DC affirm-
ing the order of the District Court, May 22, 1958. Peti-
tions by NASD, Inc. and Commission for writ of certiorari
July 30 and Aug. 20, 1958. Briefs filed in opposition,
Sept. 20, 1958. Order entered granting petition for cer-
tiorari, Oct. 13, 1958. Brief of Commission seeking
reversal of judgment of CA entered May 22, 1958. Brief
of respondents filed Dec. 31, 1958, and Jan. 9, 1959. De-
cision rendered reversing the District Court's denial of
Commission's application for injunction, Mar. 23, 1959.
Closed.

Sec. 15(c)(3) and rule 15c3-1, Complaint filed Mar. 25, 1957. Decision rendered Apr. 5,
1957, denying motion for preliminary injunction and
vacating temporary restraining order. Answer filed
July 17, 1957. Closed by consolidation by order entered
Nov. 18, 1957.

Sec. 15(c)(3) and rule 15c3-1, Complaint filed Oct. 18, 1957. Judgment denying perma-
1934 act.
nent injunction, Jan. 2, 1959. Notice of appeal filed by
Commission from the order of the District Court denying
permanent injunction, Jan. 12, 1959. Pending.

Sec. 15(c) (3) and rule 15c3-1, 1934 act.

Summons and complaint filed Sept. 19, 1958. Permanent injunction by consent as to both defendants. Oct. 20, 1958. Closed.

Tannen & Co., Inc.

20

Southern District of New York.

Aug.

2, 1957

Scott Taylor & Co., Inc..

7

Southern District of New York.

Jan. 28, 1959

Montague Thomas Triggs.

1

Southern District of Texas.

July 22, 1958

Status of case

TABLE 27-Injunctive proceedings brought by the Commission under the Securities Act of 1933, the Securities Exchange Act of 1934, the Public Utility Holding Company Act of 1935, the Investment Advisers Act of 1940, and the Investment Company Act of 1940, which were pending during the fiscal year ended June 30, 1959-Continued

Name of principal defendant

Number
of de-
fendants

United States District
Court

Initiating papers filed

Alleged violations

Webster Securities Corp.

3

Southern District of New
York.

Jan. 13, 1959

Sec. 17(a), 1933 act..

Sec. 10 (a) and (b) and rule
10a-1 and 10b-5, 1934 act.
Secs. 5(a) (1) and (2) and
17(a) (2), 1933 act.

Summons and complaint filed Jan. 13, 1959. Temporary
restraining order signed Jan. 13, 1959. Permanent
injunction by consent as to 1 defendant, Jan. 30, 1959.
Consent judgment as to remaining defendants, Feb. 18,
1959. Closed.

Complaint filed Apr. 16, 1959. Final judgment by consent
entered Apr. 16, 1959. Closed.

Complaint filed Oct. 29, 1947. Preliminary injunction
entered Nov. 18, 1947. Defendant's motion to dismiss
complaint denied Mar. 3, 1948. Trial date postponed
indefinitely due to illness of defendant. Stipulation
vacating temporary restraining order and dismissal of
action, Nov. 3, 1958. Closed.

Secs. 9(a) (4) and 10(b), Complaint filed June 24, 1958. Order to show cause and

temporary restraining order signed June 24, 1958. In-
junction by consent entered Aug. 1, 1958. Closed.
Complaint filed Jan. 11, 1957. Order of preliminary in-
junction, Feb. 13, 1957. Answer filed. Pending.

Complaint filed Sept. 27, 1956. Answer of defendants
Oct. 16, 1956. Order Nov. 15, 1956, denying motion for
preliminary injunction but permitting further applica-
tion if situation warrants. Note of issue filed Aug. 6
1958. Pending.

Jan. 11, 1957

Benjamin Zwang & Co., Inc...

2

Southern District of New Sept. 27, 1956
York.

TABLE 28.-Indictments returned for violation of the acts administered by the Commission, the Mail Fraud Statute (sec. 1841, formerly sec. 838, title 18, U.S.C.), and other related Federal statutes (where the Commission took part in the investigation and development of the case) which were pending during the 1959 fiscal year.

Name of principal
defendant

Number
of de-
fendants

United States District
Court

Indictment returned

Charges

Status of case

All defendants except 3 arraigned and entered pleas of not guilty and were released on their own recognizances, except for 1 defendant who was released on $500 bail. Opinion filed May 18, 1959, denying motions of 3 defendants for severance and granting limited inspection and certain particulars. Pending.

Secs. 5 and 17(a), 1933 act. Complaint issued on Mar. 27, 1958, by U.S. Commissioner,

TABLE 28.-Indictments returned for violation of the acts administered by the Commission, the Mail Fraud Statute (sec. 1341, formerly sec. 338, title 18, U.S.C.), and other related Federal statutes (where the Commission took part in the investigation and development of the case) which were pending dyring the 1959 fiscal year-Continued

Charges

Secs. 5(a) and 17(a), 1933
act; secs. 371 and 1341, title
18, U.S.C.

Sec. 17, 1933 act; secs. 371
and 1341, title 18, U.S.C.

Status of case

Defendants posted $5,000 bond each and pleaded not guilty.
Motion of defendant Puccinelli to dismiss indictment
granted as to Counts 1-6, 9, 10, 12, 13, 16 and 17. Motion
of defendants Cafarelli and Taylor to dismiss indictment
denied. Motion for severance filed by each defendant,
denied. Pending.
All defendants apprehended, pleaded not guilty and posted
$5,000 bond each. Jury found 4 defendants guilty on all
counts; 2 defendants on sec. 17(a) counts; 1 defendant
found not guilty. On Apr. 23, 1959, 1 defendant sentenced
to 7 years; another defendant to 5 years; 2 defendants to 5
years suspended sentence and placed on probation for 5
years; and 2 corporate defendants each were fined $1,500.
Motions for a new trial denied Apr. 23, 1959. The 7 year
sentence reduced to 5 years after this defendant aban-
doned his appeal on May 18, 1959. Notice of appeal to
CA-10 by another defendant filed on Apr. 29, 1959. Pend-
ing.

Sec. 17(a), 1933 act; sec. 1341, Defendant pleaded guilty on July 23, 1958, to various
title 18, U.S.C.
counts. Imposition of sentence was suspended and de-
fendant was placed on probation for 3 years. porn one
Defendant apprehended and posted $4,000 bond. On July
29, 1959, defendant pleaded guilty to indictment in N.D.
of Ill. Pending.

Secs. 5(a)(2), 17(a) (1) and
(2), 1933 act; sec. 1341, title
18, U.S.C.

Sec. 5(a) (1), 5(a) (2) and 24,
1933 act; secs. 371, 1341 and
1343, title 18, U.S.C.

Secs. 5(a) (2) and 17(a) (1),
1933 act.

Defendants arraigned and released on bail. Pending.

Defendant apprehended on June 19, 1959, and posted $5,000
bond. Pending.

Sec. 17(a), 1933 act; sec. 371, Each defendant arraigned and each pleaded not guilty.
title 18, U.S.C.
Order June 25, 1959, denying motions to dismiss and di-
recting the U.S. Attorney to furnish bill of particulars.
Pending.

Sec. 17, 1933 act; secs. 1341
and 371, title 18, U.S.C.

Sec. 17(a), 1933 act; seos. 371 and 1341, title 18, U.S.O.

Sec. 17(a), 1933 act; secs. 371
and 1341, title 18, U.S.O.

1 Southern District of New York.

4 Southern District of
Florida.

Guterma, Alexander L.
(F. L. Jacobs Co., et al).

Hefferan, Albert..

1 Western District of

6

Seven defendants convicted and sentenced. One defendant
dismissed because of illness and another acquitted.
Convictions affirmed on appeal to CA-9 on Oct. 22, 1958;
petition for rehearing denied. Petition for writ of cer-
tiorari filed Dec, 26, 1958, and denied by USSC on Feb.
24, 1959.

One defendant pleaded guilty to 2 sec. 17(a) counts and was
sentenced on Apr. 14, 1958, to 2 years imprisonment and
3 years probation. The remaining counts were dismissed.
The other defendant pleaded not guilty and was con-
victed by jury on 1 mail fraud count and sentenced on
Oct. 29, 1958, to 18 months imprisonment,

Sec. 1621, title 18, U.8.O.... Defendant pleaded not guilty. Bail set at $1,500. Motion
by defendant to dismiss indictment, denied Sept. 24,
1957. Pending.

Secs. 5(a) and 17(a) (1), 1933
act; sec. 1341, title 18,
U.S.C.

Secs. 16(a), 20(c), 32(a), 1934
act; secs. 2 and 371, title
18, U.S.C.

Sec. 17(a), 1933 act; sec. 1341,
title 18, U.S.C.

Sec. 17(a) (1), 1933 act; secs.
338 (now sec. 1341) and 88
(now sec. 371), title 18,
U.S.C.

Sec. 15(a), 1934 act..
Sec. 5(a) (1) and (2), 1933
act; sec. 88 (now sec. 371),
title 18, U.S.C.
Sec. 5(a)(2) and 17(a), 1933
act; secs. 371 and 1341,
title 18, U.S.C.

Sec. 17(a), 1933 act; secs. 1341
and 371, title 18, U.S.C.

Sec. 17, 1933 act; secs. 1341

and 2314, title 18, U.S.C. Sec. 17(a), 1933 act; sec. 371, title 18, U.S.C.

One defendant found guilty on 2 sec. 17(a) (1) counts and 3
mail fraud counts and sentenced to 5 years; 2 defendants
found guilty on 2 sec. 17(a) (1) counts and sentenced to 2
years each; and 1 defendant found guilty on 1 sec. 17(a) (1)
count and sentenced to 1 year. Sentences imposed Apr.
30, 1958. Defendants released on bond pending appeal.
CA-10 on Feb. 6, 1959, denied defendants' motion for
order to dispense with printing of the record. Pending.
Criminal complaint filed on Feb. 13, 1959, against 1 de-
fendant. District Court on Mar. 5, 1959, denied Guter-
ma's motion to dismiss criminal complaint. Individual
defendants arraigned and pleaded not guilty. Pending.
Defendant pleaded guilty to 5 counts of the indictment and
was sentenced to 3 years on July 7, 1958.

Herck pleaded not guilty. Remaining defendants are
fugitives. Pending as to all defendants.

Eight defendants previously convicted and sentenced.
Appeal by 1 defendant on July 2, 1958, to CA-9; dis-
missed on motion of U.S. Attorney on Apr. 1, 1959. One
defendant a fugitive. Pending.
Defendants previously sentenced on Nov. 2, 1956. CA-9
on Apr. 11, 1958, affirmed convictions of 3 who appealed,
and on June 26, 1958, denied petition for rehearing. USSC
denied petition for writ of certiorari on Oct. 13, 1958.
Defendant on June 6, 1959, pleaded not guilty to all counts
and was released on $5,000 bail pending trial. Pending.
On May 12, 1959, after trial by the court, both defendants
were acquitted.