U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 21468 / March 31, 2010
DISTRICT COURT ENTERS FINAL JUDGMENTS ORDERING DEFENDANT GEORGE L. THEODULE TO PAY OVER $5 MILLION IN DISGORGEMENT WITH PREJUDGMENT INTEREST AND A CIVIL PENALTY, AND PERMANENTLY ENJOINING HIS TWO COMPANIES FROM VIOLATIONS OF THE ANTIFRAUD PROVISIONS OF THE FEDERAL SECURITIES LAWS
Securities and Exchange Commission v. Creative Capital Consortium, LLC, et. al., Case No. 08-81565-CIV-Hurley/Hopkins (S.D. Fla.)
The Commission announced that on March 26, 2010, the United States District Court for the Southern District of Florida entered a Final Judgment of Disgorgement, Prejudgment Interest and Civil Penalty against Defendant George L. Theodule. The Final Judgment orders Theodule, the engineer of a Ponzi scheme that targeted Haitan-American investors, to pay disgorgement in the amount of $5,099,512, prejudgment interest of $202,638 and imposes a civil penalty of $250,000. The disgorgement represents amounts Theodule personally received or funneled to friends and relatives from the fraudulent scheme.
The Court also entered a Final Judgment of Permanent Injunction, by consent, against Defendants Creative Capital Consortium LLC and A Creative Capital Concept$ LLC ("The Creative Capital Companies") enjoining them from violations of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934. The final Judgment also dismisses the Commission's claims for disgorgement, prejudgment interest and civil penalty against The Creative Capital Companies, which are under the control of a Receiver who is marshaling their remaining assets for distribution to defrauded investors.
On October 22, 2009, the Court had entered a Judgment of Permanent Injunction and Other Relief against Theodule.
The Commission commenced this action by filing its Complaint on December 29, 2008, against Theodule and The Creative Capital Companies. The Complaint alleges violations of the antifraud provisions of the federal securities laws in connection with a Ponzi scheme through which the defendants raised at least $23.4 million from thousands of investors in the Haitian-American community nationwide.
For additional information, see Litigation Release No. 20840 (December 30, 2008), and Release No. 21297 (November 16, 2009).