SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15889 / September 18, 1998 SECURITIES AND EXCHANGE COMMISSION v. SANJAY SAXENA AND MUMTAZ SAXENA, Civil Action No. 98-cv-11918-EFH (D. Mass., filed September 18, 1998) SEC SUES REPEAT VIOLATOR OF THE SECURITIES LAWS The Securities and Exchange Commission ("Commission") today announced the filing of a complaint against Sanjay Saxena, a former registered investment adviser and newsletter publisher, and his wife, Mumtaz Saxena. The complaint alleges that the Saxenas violated the antifraud and registration provisions of the federal securities laws, and that Saxena violated a previous Commission order permanently barring him from the securities industry. The complaint alleges that Saxena's role in the formation and operation of an investment adviser and two investment companies violated the Commission's bar order, and that Saxena used his wife as a front to create the appearance that he had not violated the order. The complaint alleges that the Saxenas made material misrepresentations and omissions in connection with the solicitation of investors and the operation of the investment companies. Between February 1996 and February 1997, the Saxenas conducted unregistered public offerings of interests in the investment companies by soliciting thousands of potential investors, mostly Saxena's newsletter subscribers, through direct mailings and internet notices that contained material misrepresentations. They subsequently sold approximately $3.4 million in interests in the two investment companies to 32 persons and entities. The Saxenas received approximately $280,000 in management fees from the investment companies. The complaint alleges that, between March and November 1995, also in violation of his bar order, Saxena acted as an investment adviser for certain accounts at a broker-dealer, for which he collected approximately $27,000 in advisory fees. The complaint seeks permanent injunctions, disgorgement of the Saxenas' fees (plus prejudgment interest), civil monetary penalties, and an order commanding Saxena to comply with the Commission's bar order. The prior issuance of the Commission's bar order against Saxena arose from its lawsuit against him in 1994. In that action, the Commission obtained a temporary restraining order and asset freeze based on allegations that he misappropriated over $600,000 that he had solicited from his newsletter subscribers for a pooled investment. The Commission also alleged that Saxena sent false monthly statements of the pooled investment to investors. On February 25, 1995, Saxena consented to the entry of a final judgment of permanent injunction restraining him from further violations and an order to disgorge $703,000 (representing all monies owed to investors), and to pay prejudgment and postjudgment interest. On February 28, 1995, the Commission entered its order permanently barring Saxena from the securities industry. [See prior Litigation Release Nos. 14348, 14419].