U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 22684 / April 23, 2013
Securities and Exchange Commission v. Zufelt, et al., Civil Action No. 2:10-cv-00574 (DB) (D. Utah, December 29, 2011)
SEC Announces Settlements with Cache Decker and David Decker in SEC V. Zufelt
The United States Securities and Exchange Commission (Commission) announced that on March 6, 2013, Judge Dee Benson entered final judgments against Cache D. Decker and David M. Decker, Jr. The Commission's complaint alleges that Cache and David Decker participated in and aided and abetted Ponzi schemes operated by Anthony C. Zufelt (“Zufelt”).
Without admitting or denying the allegations of the complaint, the Deckers each consented to the entry of a final judgment permanently enjoining them from directly or indirectly violating Sections 5, 17(a)(2), and 17(a)(3) of the Securities Act of 1933 and Section 15(a) of the Securities Exchange Act of 1934. The final judgment against David Decker orders him to pay disgorgement of $141,000 and prejudgment interest of $39,582. The final judgment also orders David Decker to pay a civil penalty of $25,000. The final judgment against Cache Decker orders him to pay disgorgement of $43,000 and prejudgment interest of $9,395 over three years. The Court did not order Cache Decker to pay a civil penalty based on his sworn statement of financial condition.
The Commission filed a complaint on June 23, 2010, alleging that from approximately June 2005 through June 2006, Zufelt operated a Ponzi scheme through his company Zufelt, Inc. (ZI), and that between July 2006 and December 2006 he ran a second fraudulent scheme through Silver Leaf Investments, Inc. (“SLI”). The Complaint alleges that, in connection with these schemes, the Deckers each made materially false and misleading statements to investors about, among other things, the profitability of ZI and SLI, the ability of ZI and SLI to repay investors, the use of investor funds, and the security of the investments. The Order finds that the Deckers acted as unregistered broker-dealers and sold unregistered ZI and SLI securities.
The Commission's action against Zufelt and others is still pending.
For more information, see Litigation Release No. 21570 (June 25, 2010).