U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20977 / March 27, 2009
Securities and Exchange Commission v. Andrew S. Mackey and Inger L. Jensen, Civil Action No. 1:08-CV-2068 (N.D. Ga.)
COURT ENTERS CONTEMPT ORDER AFTER ANDREW S. MACKEY AND INGER L. JENSEN FAIL TO RESPOND TO SEC SUBPOENAS
MARSHALS SERVICE ARRESTS MACKEY AND JENSEN
The Securities and Exchange Commission ("Commission") today announced that, under the authority of an order entered by the Honorable Orinda D. Evans of the United States District Court for the Northern District of Georgia on March 12, 2009, the United States Marshals Service has executed warrants for the arrest of defendants Andrew S. Mackey ("Mackey") and Inger L. Jensen ("Jensen"). The March 12, 2009 order found Mackey and Jensen in contempt for failure to comply with Judge Evans' order of September 22, 2008 and amended order of September 24, 2008, both of which compelled Mackey and Jensen to comply with the Commission's staff's administrative subpoenas. The March 12, 2009 order further directed the Marshals Service to incarcerate Mackey and Jensen until the contempt is resolved.
This action resulted from the Commission's February 6, 2009 application for an order to show cause why Mackey and Jensen should not be held in civil contempt for their failure to comply with the Court's prior orders. The Court held a show cause hearing on March 5, 2009. Neither defendant appeared for the hearing. The Court announced its preliminary findings at that time and issued an Order of Civil Contempt and Coercive Incarceration on March 12, 2009.
The Commission had previously filed a subpoena enforcement action in the United States District Court for the Northern District of Georgia against Mackey and Jensen on June 20, 2008. Pursuant to subpoenas served on the defendants, Mackey and Jensen were obligated to produce documents to the staff and appear for testimony at the Atlanta Regional Office of the Commission. Neither Mackey nor Jensen produced any documents pursuant to the subpoenas, and neither appeared for testimony as required. The Court subsequently entered its September 22, 2008 and September 24, 2008 orders directing Mackey and Jensen to comply with the subpoenas.