U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 18987 / November 30, 2004
SECURITIES AND EXCHANGE COMMMISSION v. GENE C. GEIGER, CHARLES F. KIRBY , Civ. No. 04-D-2463 (BNB) (D. Colo.)
On November 30, 2004, the Securities and Exchange Commission commenced proceedings to collect a civil penalty previously ordered in a Commission administrative proceeding against Gene C. Geiger ("Geiger"), a resident of Parker, Colorado and Charles F. Kirby, a Littleton, Colorado resident ("Kirby"). The complaint, filed pursuant to Section 21(e) of the Securities Exchange Act of 1934, asks the federal court to order Geiger and Kirby to comply with the Commission's Order. It further requests that Geiger be ordered to pay disgorgement of $14,109.21, prejudgment interest of $10,995.48, and a civil penalty of $300,000 and that Kirby pay disgorgement of $31,352.60, prejudgment interest of $31,352.60 and a civil penalty of $200,000. The complaint charges that Geiger and Kirby failed to comply with the terms of a prior Commission order imposing remedial sanctions issued on January 9, 2003, In the Matter of Charles F. Kirby and Gene C. Geiger, 2003 SEC LEXIS 46, (Administrative Proceeding File No. 3-9602) that was upheld on appeal in Geiger v. SEC, 363 F.3d 481 (D.C. Cir. 2004).
SEC Complaint in this matter