U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20685 / August 15, 2008
SEC v. Bryan S. Behrens, et al., Civil Action No. 8:08CV13 (D. Nebraska)
SEC Settles Civil Injunctive Action with Bryan S. Behrens and His Company National Investments, Inc.
The Securities and Exchange Commission announced today that on July 28, 2008, the Honorable Laurie Smith Camp of the United States District Court for the District of Nebraska entered a judgment by consent against Bryan S. Behrens and his company National Investments, Inc. The Commission's complaint, filed on January 10, 2008, alleged that from at least year 2002, Behrens operated a fraudulent Ponzi-like investment scheme that succeeded in raising at least $6.5 million from investors, some of whom are senior citizens, and that he misappropriated more than $3.5 million of investor funds for his personal use.
Without admitting or denying the allegations in the Commission's complaint, Behrens and National Investments consented to the entry of a judgment that permanently enjoins them from violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. Also pursuant to the judgment, Behrens and National Investments are obligated to pay disgorgement with prejudgment interest and a civil penalty in amounts yet to be determined. Further, the court appointed a receiver to locate, preserve and protect all assets that are subject to disgorgement and penalties, and to maximize returns to investors.
The Commission acknowledges the assistance of The Financial Industry Regulatory Authority in this matter.
For further information, please see Litigation Rel. No. 20427 (January 10, 2008).