TABLE 14.-Summary of cases instituted in the courts 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 Company Act of 1940, and the Investment Advisers Act of 1940 TABLE 15.-Summary of cases instituted against the Commission, cases in which the Commission participated as intervenor or amicus curiae, and reorganization cases on appeal under Chapter X in which the Commission participated TABLE 16.-Indictments returned for violation of the acts administered by the Commission, the Mail Fraud Statute (Sec. 1341, formerly Sec. 338, Title 18, U.S.O.), and other related Federal statutes (where the Commission took part in the investigation and development of the case) which were pending during the 1962 fiscal year Name of principal defendant Number of defendants U.S. District Court Indictment returned Charges Status of case Apr. 3, 1961 Secs. 5(a) (1) and 5(a) (2), 1 defendant deceased. Pending. 1933 Act; Sec. 371, Title 18, U.S.C. Northern District May 16, 1960 Secs. 5(a) (2), 5(c) and 17(a), Appeal filed Feb. 21, 1961, from the conviction of 6 defendants. Pending. of Texas. 1933 Act; Secs. 371 and 1341, Title 18, U.S.C. Mar. 14, 1960 Secs. 5(a) (1) and (2), 1933 Act; Secs. 9(a)(2), 16(a) and 32(a), 1934 Act; Secs. 2, 371 and 1621, Title 18, U.S.C. Nov. 2, 1961 Southern District of New York. Addison, John Milton. 10 Jan. 23, 1958 tional Union Life In of Florida. Secs. 5(a)(2), 17(a), 1933 Secs. 5(a) (1) and (2) and Sec. 10(b). Rule 10b-5, 1934 Sec. 17(a) (1), 1933 Act; Sec. Sec. 17(a), 1933 Act; Sec. Secs. 5(a), 5(c), 17(a) and 24, 1933 Act; Secs. 2, 1341 and 2314, Title 18, U.S.C. Sec. 17(a), 1933 Act; Secs. 1341 and 2314. Title 18, U.S.C. All defendants arraigned; pleaded not guilty and posted bonds. Pending. Defendant apprehended and released on $25,000 bond. Pending. Defendants' petition for rehearing on Government's petition for writ of Remaining defendant dismissed, Aug. 3, 1961. 1 defendant pleaded guilty to count 6 charging a violation of the Mail Fraud statute; imposition of sentence deferred and placed on probation for 5 years. Indictment dismissed as to remaining defendant. Pending. Do. TABLE 16.-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 during the 1962 fiscal year-Continued $10,000 bond set for 5 defendants. 1 defendant deceased and 1 defendant a fugitive. Pending. 1 defendant pleaded guilty to 3 counts of mail fraud, 3 Sec. 17 (a) counts and Plea of not guilty entered as to 2 defendants. Pending. 2 Massachusetts.. Mar. 2, 1960 23 Secs. 17(a)(1). 1933 Act; Secs. 371 and 1341. Title 18, U.S.C. 9 Northern District Sept. 17, 1959 Sec. 17(a), 1933 Act; Sec. of Georgia. 1341, Title 18, U.S.Ć. Southern District May 31, 1961 Secs. 5(a) (1), 5(a)(2), 5(c) of Florida. and 17(a), 1933 Act; Secs. 371 and 1341, Title 18, U.S.C. Rule 10b-5, 1934 Act. Case transferred to WD of Oklahoma. 1 defendant pleaded guilty, sus- Notice of appeal filed by 1 of the 3 defendants convicted. Decision rendered 11 defendants pleaded guilty and 1 defendant pleaded nolo contendere, 1 Closed. Do. 2 defendants each sentenced to 3 years on their guilty pleas to Sec. 17 counts. Remaining defendants dismissed. Sept. 28, 1961 Secs. 9(a)(2), 10(b), 32(a) Closed. do. Nov. 30, 1961 do. Jan. 11, 19621 ...do. Jan. 12, 1962 do. Feb. 26, 1962 Southern District of New York. July 30, 1958 Secs. 5(a) (1), 5(a) (2) and 24, Southern District May 18, 1960 Secs. 5(a)(1), 5(a)(2), 5(c) Mar. 1, 1961 2 and 17(a) (1), 1933 Act; Sec. 1341, Title 18, U.S.C. Sec.17(a), 1933 Act; Secs. 371 and 1341, Title 18, U.S.C. Order entered dismissing indictment as to 4 defendants. Notice of appeal Order entered dismissing indictment as to 3 defendants. Notice of appeal Notice of appeal filed by 8 defendants. Opinion by CA-2 affirming the One defendant deceased. All other defendants arraigned and pleaded not Closed. 2 defendants found guilty on Sec. 17(a) of 1933 Act and Sec. 1341, Title 18, See footnotes at end of table. Status of case TABLE 16.-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 during the 1962 fiscal year-Continued Charges Sec. 10(b), 1934 Act and Secs. 17(a) and 24, 1933 Act; Secs. 5(a)(2), 17(a), 1933 Act; Sec. 1341, Title 18, U.S.C. Defendant pleaded nolo contendere and was sentenced to pay a fine of $500. Pending. Defendants apprehended; bonds set at $5,000 each. Pending. Secs. 17(a) (1) and (2), 1933 Defendant posted $20,000 bond and pleaded not guilty. Pending. Act; Secs. 1341 and 2314, Title 18, U.S.C. Secs. 2, 371 and 2314, Title Pending. Defendant pleaded nolo contendere and sentenced to 3 years probation. Sec. 17(a) (1), 1933 Act; Closed. Secs. 371 and 1341, Title 18, U.S.C. Sec. 17(a), 1933 Act; Secs. 1341 and 1343, Title 18, U.S.C. Secs. 17(a) and 24, 1933 Act; Secs. 5(a) (2) and 17(a), 1933 Secs. 5(a) (1) and 24, 1933 2 defendants found guilty on 32 counts of indictment; 1 defendant sentenced to a total of 10 years and fined $86.500; other defendant sentenced to a total of 4 years and fined $52,000. Both defendants appealed. Pending. Defendant pleaded guilty and sentenced to 8 years imprisonment on 4 mail fraud counts, all to run consecutively, with an additional sentence of 3 years each on 13 counts charging securities fraud, mail fraud and interstate fraud by wire to run concurrently with the mail fraud counts; remaining counts dismissed. Both defendants pleaded guilty on 1 Sec. 17 count. Pending sentencing. Both defendants pleaded not guilty and posted bond of $3,000 each. Defendant found guilty on 5 Sec. 17 counts and 1 Sec. 5 count and sentenced do.. Ficken, Wilbur H. 1 Northern District of Ohio. Dec. 13, 1961 Dec. 8, 1961 |