UNITED STATES OF AMERICA
In the Matter of
JEAN B. LECLERCQ,
ORDER MAKING FINDINGS AND |
IMPOSING REMEDIAL SANCTIONS
AGAINST KIP MARSIQUE
The Securities and Exchange Commission ("Commission") deems it appropriate to accept the Offer of Settlement ("Offer") submitted by Kip Marsique ("Marsique") pursuant to Rule 240(a) of the Rules of Practice of the Commission, 17 C.F.R. § 201.240(a), for the purpose of settlement of this public administrative proceeding instituted by the Commission against him on January 14, 2003 pursuant to Section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act").
Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission's jurisdiction over him and over the subject matter of these proceedings, and the finding in Paragraph III.4. below, all of which are admitted, Marsique consents to the entry by the Commission of this Order.
On the basis of this Order and Marsique's Offer, the Commission finds that:
1. During the period of October 2001 through May 2002, Marsique was associated with Infinity Consulting Services, Inc. ("Infinity"), an unregistered broker-dealer, as a sales agent.
2. On May 16, 2002, the Commission filed a complaint ("Complaint") in the United States District Court for the Southern District of Florida, Securities and Exchange Commission v. Starcash, Inc., et al. , Case No. 02-80456-CIV-MIDDLEBROOKS/VITUNAC (S.D. Fla.). The Complaint charged Marsique, among others, with violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 ("Securities Act"), and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder.
3. The Commission's Complaint alleged that during the period of at least October 2001 until May 2002, in connection with the sale of securities, Marsique falsely stated to investors, among other things, that their funds would be used to fund short-term payday advance loans to the public, and that the investment was virtually risk free and secured by the purported loans. The Complaint also alleged that Marsique made baseless revenue predictions to investors. In addition, the Complaint alleged that Marsique sold unregistered securities.
4. On September 23, 2002, based on the allegations in the Commission's Complaint, the District Court entered a judgment of permanent injunction and other relief by consent against Marsique, permanently enjoining him from future violations of Sections 5(a), 5(c), and 17(a) of the Securities Act, and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder.
On the basis of the foregoing, the Commission deems it appropriate and in the public interest to accept Marsique's Offer and impose the sanctions specified therein.
Accordingly, IT IS ORDERED that :
Pursuant to Section 15(b)(6) of the Exchange Act, Respondent Marsique be, and hereby is barred from association with any broker or dealer as those terms are defined in the Exchange Act.
For the Commission, by its Secretary, pursuant to delegated authority.
Jonathan G. Katz
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