SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17131 / September 18, 2001
DOUGLAS G. McCASKEY BARRED FROM SERVING AS OFFICER OR DIRECTOR FOR SIX YEARS AND PERMANENTLY ENJOINED
SEC v. Douglas G. McCaskey, et. al., 98 civ. 6153 (SWK) (S.D.N.Y.)
United States v. Douglas G. McCaskey, 00 cr. 219 (SRU) (D.CT.)
The Securities and Exchange Commission today announced that the U.S. District Court for the Southern District of New York issued a memorandum opinion and order on September 6, 2001 finding that a Connecticut stock promoter, Douglas G. McCaskey, committed securities fraud in connection with a scheme to manipulate the market for Marcorp, Inc. stock during 1994. The Court found McCaskey substantially unfit to serve as an officer or director of a public company, and barred McCaskey from serving as an officer or director for a period of six years. The Court also permanently enjoined him from violating Section 10(b) of the Securities and Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, and Section 17(a) of the Securities Act of 1933.
McCaskey was sentenced to five years probation and ordered to pay a $30,000 fine on April 30, 2001 in the U.S. District Court for the District of Connecticut in connection with related criminal charges brought by the U.S. Attorney for the District of Connecticut. McCaskey had, on October 13, 2000, pleaded guilty to criminal charges that he violated Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder, by manipulating the market for Marcorp stock from May to December 1994. See Litigation Release No. 17056 (July 2, 2001).
In its September 6, 2001 order, the U.S. District Court for the Southern District of New York referred to a Magistrate Judge the questions of whether the payment by McCaskey of disgorgement, prejudgment interest, and a civil money penalty is warranted, and if so, in what amounts. The SEC's complaint alleges, among other things, that McCaskey, an undisclosed principal of Marcorp, artificially increased Marcorp's share price and volume by purchasing and selling millions of shares of Marcorp stock among 20 accounts at 14 brokerage firms in the U.S. and Canada, obtaining proceeds in excess of $5.2 million. See Litigation Release No. 15865 (September 1, 1998).