SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15986 / November 24, 1998 SECURITIES AND EXCHANGE COMMISSION v. VINCENT SETTEDUCATE, 97 Civ. 8472 (SAS) (S.D.N.Y.) The Securities and Exchange Commission ("Commission") announced today that on November 12, 1998, the United States District Court for the Southern District of New York entered a Final Consent Judgment of Permanent Injunction and Other Relief against Vincent Setteducate, a 40-year old resident of Massapequa, New York. Without admitting or denying the allegations of the Commission's Complaint, Setteducate consented to be permanently enjoined from violating Section 17(a) of the Securities Act of 1933 ("Securities Act"), and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5. The Commission's Complaint alleged that Setteducate fraudulently obtained at least $200,000 in a "prime bank" securities scheme. Setteducate pleaded guilty to wire fraud in connection with the transactions alleged in the Commission's Complaint. On May 5, 1998, Setteducate was sentenced to two years probation and ordered to pay $300,000 in restitution. The Commission alleged that Setteducate violated the antifraud provisions of the federal securities laws, Section 17(a) of the Securities Act, and Section 10(b) of the Exchange Act and Rule 10b-5. The Commission sought a permanent injunction against future violations of those antifraud provisions, disgorgement of Setteducate's ill-gotten gains plus prejudgment interest, and civil penalties. Setteducate was not required to pay disgorgement in this case because he had already been ordered to make restitution as part of his criminal sentence. Civil penalties were not imposed because of Setteducate's demonstrated inability to pay them. For more information, see Litigation Release Number 15561 (November 14, 1997).