U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20404 / December 19, 2007
Securities and Exchange Commission v. Concorde America, Inc., et al., Civil Action No. 05-80128-CIV-ZLOCH (S.D. Fla.).
Final Judgments of Permanent Injunction Entered Against Defendants Andrew Kline and Thomas Heysek
The Securities and Exchange Commission announced that on July 6, 2007, and July 19, 2007, the United States District Court for the Southern District of Florida entered Final Judgments of Permanent Injunction and Other Relief against Defendants Andrew Kline and Thomas Heysek, respectively. The Final Judgment, against Kline was entered with his consent and enjoins him from violations of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934. It also permanently enjoins Kline from participating in a penny stock offering. The Court granted summary judgment in favor of the Commission and against Thomas Heysek permanently enjoining him from violation of Section 10(b) and Rule 10b-5 of the Exchange Act. The Court also permanently enjoins Heysek from participating in a penny stock offering. The Final Judgment against Kline orders him to pay disgorgement in the amount of $21,000, prejudgment interest of $2,968.00, but waives the disgorgement and prejudgment interest and does not impose a civil penalty based on Kline's financial statement and other information submitted to the Commission. Additionally, the Court ordered Heysek to pay disgorgement in the amount of $56,000 plus prejudgment interest in the amount of $7,916.32.
The Commission commenced this action by filing its complaint on February 14, 2005, against Kline and Heysek, among others.
For additional information, see Litigation Release No. 19085 (February 16, 2005), Release No. 19948 (December 18, 2006) and Release No. 20078 (April 18, 2007).