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U.S. Securities and Exchange Commission

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO


Securities and Exchange Commission,

Plaintiff,   

v.

MARK N. GEMAN,

Defendant.   


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Civil Action No.

04-M-0056(MJW)

COMPLAINT FOR AN ORDER ENFORCING COMMISSION ORDER

Plaintiff, the Securities and Exchange Commission ("Commission"), alleges for its complaint as follows:

SUMMARY

1. Marc N. Geman ("Geman") has failed to comply with the civil money penalty provisions of an Order Imposing Remedial Sanctions issued by the Commission In the Matter of Marc N. Geman Administrative Proceeding File No. 3-9032 issued on February 14, 2001 (the "Commission's Order") (Exhibit A).

2. The Commission now seeks an order requiring Geman to comply with the Commission's February 14, 2001 Order pursuant to Section 21(e) of the Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. 78u(e)] and Section 209(d) of the Investment Advisers Act of 1940 [15 U.S.C. 80b-9(d)].

JURISDICTION AND VENUE

3. The Commission brings this action pursuant to Section 21(e) of the Securities Exchange Act of 1934 ("Exchange Act") [15 U.S.C. 78u(e)] and Section 209(d) of the Investment Advisers Act of 1940 [15 U.S.C. 80b-9(d)], for an order of this Court commanding Geman to comply with the Commission's Order.

4. Venue lies in this Court pursuant to 28 U.S.C. 1391(b)(1). Defendant Geman resides in this judicial district.

DEFENDANT

5. Defendant Geman is a resident of Denver, Colorado.

FACTS

6. On June 27, 1996, the Commission issued an order instituting public administrative proceedings against Geman alleging various violations of the securities acts.

7. On August 5, 1997, an administrative law judge issued an Initial Decision finding Geman had committed various securities law violations and ordered among other things that Geman to pay a civil penalty of $500,000.

8. Geman appealed the decision of the administrative law judge to the Commission. The Commission found Geman committed violations of the securities laws, and among other things, ordered Geman to pay a civil penalty of $200,000 within thirty days of the date of the order. In the Matter of Marc N. Geman, (February 4, 2001) Exchange Act Release 43963, 2001 SEC LEXIS 282.

9. Geman appealed the Commission's Order to the United States Court of Appeals, Tenth Circuit, which affirmed the Commission's Order on July 7, 2003. Geman v. S.E.C., 334 F.3d 1183(10th Cir. 1997).

10. Geman has not paid the penalty as ordered by the Commission's February 4, 2001 Order.

11. By reason of the foregoing, defendant Geman is in violation of the Commission's Order against him In the Matter of Marc. N. Geman, Administrative Proceeding File No. 3-9032.

PRAYER FOR RELIEF

Wherefore, the commission respectfully requests that the Court:

I.

Find that the Defendant has violated the Commission's Order.

II.

Issue an Order pursuant to pursuant to Section 21(e) of the Securities Exchange Act of 1934 and Section 209(d) of the Investment Advisers Act of 1940 directing Geman to comply with the Commission's February 4, 2001 Order In the Matter of Marc N. Geman, Administrative Proceeding File No. 3-9032 and pay the $200,000 civil penalty ordered therein.

III.

Grant such other relief as this Court may deem just or appropriate.

Dated: January 13, 2004.

Respectfully submitted,

/s/ Elizabeth E. Krupa
Robert M. Fusfeld
Attorneys for Plaintiff
Securities and Exchange Commission
1801 California Street, Suite 1500
Denver, Colorado 80202
(303) 844-1000


http://www.sec.gov/litigation/complaints/comp18500.htm


Modified: 12/12/2004